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ARTICLE · 29 DECEMBER 2022

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Art And Artificial Intelligence Collide With Copyright Law

Romano Law
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The likely cancellation of the copyright registration for Kris Kashtanova's 18-page illustrated book, Zarya of the Dawn, is the latest chapter in the ongoing collision between copyright law...

United StatesIntellectual Property
Marc D. Ostrow
Marc D. Ostrow
Carlianna Dengel
Carlianna Dengel

The likely cancellation of the copyright registration for Kris Kashtanova's 18-page illustrated book, Zarya of the Dawn, is the latest chapter in the ongoing collision between copyright law and works generated using artificial intelligence (AI). While the text of the book was written by Kashtanova, the artwork accompanying the book was all AI-generated through the Midjourney platform. Although the Copyright Office had issued a registration for the book back in September, it is apparently reconsidering that action. Kashtanova had said in a post on her Instagram account that she viewed her registration as precedent-setting. That precedent may be short lived.

In late October, Kashtanova received notice that the registration for Zarya of the Dawn may be cancelled. Citing long-standing Copyright Office policy that an "author" or creator of a work must be human, Kashtanova was given 30 days to explain to the Copyright Office how there was significant human participation

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