The scheduling conference in the Jason Allen v. Perlmutter case in the District of Colorado is set for February 4, 2025, at 10:00 a.m. in Courtroom C-204 of the Byron G. Rogers United States Courthouse, 1929 Stout Street, Denver, Colorado.
The case is assigned to Magistrate Judge Kathryn Starnella, after a referral from Judge Kato Crews for nondispositive matters.
Allen seeks a declaratory judgment that he authored, through prompt-engineering using an AI generator, a version of his visual work titled “Théâtre D’opéra Spatial” (“Work”). The Copyright Office denied his assertion of authorship because his work lacked the so-called “traditional elements of authorship,” see opinion below. For the reasons set forth in my law review article “Prompting Progress: Authorship in the Age of AI,” I agree with Allen and disagree with the Copyright Office’s position.