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ARTICLE · 29 DECEMBER 2023

U.S. Copyright Office Rejects Another AI-Assisted Work

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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On December 11, 2023, the U.S. Copyright Office continued its chain of rejections as it denied—for the second time—Mr. Ankit Sahni's request for a copyright registration in the work titled "SURYAST"

United StatesInternational Law
Michael Ling
Michael Ling
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On December 11, 2023, the U.S. Copyright Office continued its chain of rejections as it denied—for the second time—Mr. Ankit Sahni's request for a copyright registration in the work titled "SURYAST" (pictured below). As with previous generative AI cases, the Copyright Office's rejection is based on a lack of "human authorship" in the work. When the Copyright Office began weighing in on the copyrightability of AI art in early 2023, the lines drawn were incredibly blurry. They still are. However, each opinion from the Copyright Offices helps clarify those lines bit by bit.

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In order to create SURYAST, Mr. Sahni started with a photograph he captured himself (pictured below). Then, he used the RAGHAV Artificial Intelligence Painting App ("RAGHAV") to modify the photograph into a painting in the style of Van Gogh's The Starry Night. Mr. Sahni modified parameters in RAGHAV to adjust the degree of stylistic transformation he desired. In his applications for copyright,

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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