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Category: Copyrightability

Jason Allen hires Ryan Abbott in case v. Copyright Office on prompt-engineered visual work

Ryan Abbott, who represented Stephen Thaler in Thaler v. Perlmutter, is now representing the artist Jason Allen in his case against Shira Perlmutter, the Register of Copyrights. Allen is seeking a declaratory judgment that the Copyright Office’s refusal to allow a copyright registration for Allen’s prompt-engineered visual work was wrong as a matter of law.…
Read more: Jason Allen hires Ryan Abbott in case v. Copyright Office on prompt-engineered visual work
Judge Martinez denies Jason Allen’s attorney’s motion to withdraw. Lawsuit challenges U.S. Copyright Office view of AI-generated works and authorship through prompt engineering.

Out in the District of Colorado we finally have some recent news in the declaratory judgment action filed by Jason Allen, whose prompt-engineered visual work was denied copyright registration based on the Copyright Office’s strict view that “prompts alone” cannot generate a work of authorship based on the current AI generators. Allen seeks a federal…
Read more: Judge Martinez denies Jason Allen’s attorney’s motion to withdraw. Lawsuit challenges U.S. Copyright Office view of AI-generated works and authorship through prompt engineering.
Has the Copyright Office become more receptive to AI-generated works? Yes, if they embody selection, coordination, arrangement of human creators

On January 29, 2025, the U.S. Copyright Office issued its long-awaited report on authorship and AI. This Report followed its earlier AI Guidance on Works Containing Material Generated by Artificial Intelligence published on March 16, 2023. Has the U.S. Copyright Office’s position on AI-generated works changed since March 2023? On the surface, the Report might…
Read more: Has the Copyright Office become more receptive to AI-generated works? Yes, if they embody selection, coordination, arrangement of human creators
US Copyright Office registers sound recording of opera with AI generated “music and singing voices”

The U.S. Copyright Office continues to grant registrations to copyrighted works with some elements that were AI-generated, provided that the human creator has (1) engaged in an original selection, coordination, or arrangement of elements or (2) added the creator’s own independently created elements. The company ironetic received a registration for Senzia Opera, registered as a…
Read more: US Copyright Office registers sound recording of opera with AI generated “music and singing voices”
Copyright Office Report on Authorship & AI (PDF)

The U.S. Copyright Office issued its Part 2 Report on Copyrightability of AI-generated works. Here’s the Summary from the Copyright Office: Based on an analysis of copyright law and policy, informed by the many thoughtful comments in response to our NOI, the Office makes the following conclusions and recommendations: selecting, editing, and adapting after prompting…
Read more: Copyright Office Report on Authorship & AI (PDF)
Allen v. Perlmutter AI authorship case scheduling conference set for Feb. 4, 2025

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…
Read more: Allen v. Perlmutter AI authorship case scheduling conference set for Feb. 4, 2025
Jason Allen v. Shira Perlmutter complaint. Seeks declaration AI-prompted Théâtre D’opéra Spatial is work of authorship

We finally have a lawsuit challenging the U.S. Copyright Office’s misguided approach denying authorship in AI-generated works under the obscure requirement of “traditional elements of authorship,” a term that no federal court has ever used in a copyright decision. Jason Allen, whose initial version of the work Théâtre D’opéra Spatial (on the left) was denied…
Read more: Jason Allen v. Shira Perlmutter complaint. Seeks declaration AI-prompted Théâtre D’opéra Spatial is work of authorship
Judge Bibas agrees to consider whether to hold a pretrial filtration hearing on copyrightability of West works

Judge Stephanos Bibas granted the parties’ request to allow briefing on whether the court should conduct a filtration hearing to determine if some elements of West’s works are not copyrightable as a matter of law. The defendant ROSS Intelligence supports a filtration hearing, but Thomson Reuters, the plaintiff, opposes it. The briefing schedule is: Entertaining…
Read more: Judge Bibas agrees to consider whether to hold a pretrial filtration hearing on copyrightability of West works
South Korea grants copyright to AI generated work, ‘AI Suro’s Wife’ film as work edited by humans

Jang Se-Min of the AI Times reports that the company Nara Knowledge Information received, in South Korea, a copyright registration for its AI-generated film titled “AI Suro’s Wife.” The registration was filed and completed on Dec. 29, 2023 for an “edited work” based on the human editing of the AI generated film and images. Nara…
Read more: South Korea grants copyright to AI generated work, ‘AI Suro’s Wife’ film as work edited by humans