The Munich Local Court ruled against authorship under German copyright law for three logos generated by a person using AI using prompts.
But the Court left open the door for authorship in other works where the human has made sufficient creative influence over the output manifesting the personality of the author:
“Copyright protection is therefore conceivable as a result of human intervention in AI results, which can also take place subsequently or successively during prompting and which leads to the personality of the prompter being reflected in the output. It is therefore necessary to exert human-creative influence on the design of the concrete work itself, for example through sufficiently individual presets when programming the creation process of the concrete product itself, if necessary.in conjunction with a selection process among the generated products.”
*We are using the automated English translation available through the court’s website. Please excuse any inaccurate or infelicitous translations.