In
STEPHEN THALER, Plaintiff, v. SHIRA PERLMUTTER, Register of Copyrights and Director of the United States Copyright Office, et al. Judge Beryl A. Howell opined that
AI generated art work is NOT subject to Copyright protection. It stands to reason then that businesses that employing AI generated content as a basis of their Intellectual Property, in part or whole, is risking uncontrolled 'misappropriations' they cannot defend against using standard Copyright arguments.
Further to this opinion from the Courts, the United States Copyright Office has issued a "
Copyright Office Issues Notice of Inquiry on Copyright and Artificial Intelligence" to "study" issues surrounding use of AI and how the affects on Copyright.
The UK's Intellectual Property Office conducted a similar 'consultation', "
Artificial Intelligence and Intellectual Property: copyright and patents: Government response to consultation" that essentially concluded it's still too early to definitively rule one way or the other on AI in relation to Intellectual Property. The UK does however, have a 'code of practice' that can be followed - "
The government's code of practice on copyright and AI". While this is available it doesn't necessarily mean AI, art in particular, is being granted Copyright protection.
