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ARTICLE · 23 FEBRUARY 2023

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AI-Generated Art: Copyright Implications

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As the use of artificial intelligence ("AI") in creating artwork is gaining popularity, questions regarding the applicability of copyright laws to such artworks are growing. Generally, it is assumed that humans...

GlobalIntellectual Property
Joseph F. Borg
Joseph F. Borg
Galyna Podoprikhina
Galyna Podoprikhina
Laurence Alexander
Laurence Alexander
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As the use of artificial intelligence ("AI") in creating artwork is gaining popularity, questions regarding the applicability of copyright laws to such artworks are growing. Generally, it is assumed that humans are somewhat involved in any work of art, even though a majority of copyright laws do not explicitly address Al-generated art.

The United States

In the United States (the "US"), for instance, "an image generated through artificial intelligence lacks the "human authorship" necessary for protection". Therefore, in case an artwork has been created entirely by the software, there is no copyright protection for such work.

When it comes to an artwork created by AI but with a significant human input, the recent case of Zarya of the Dawn has to be examined.

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