An award-winning piece of AI art cannot be copyrighted, the US Copyright Office has ruled. The artwork, Théâtre D’opéra Spatial, was created by Matthew Allen and came first in last year’s Colorado State Fair. Since then, the piece has been embroiled in a precedent-affirming copyright dispute. Now, the government agency has issued its third and final decision: Allen’s work is not eligible for copyright.
Now, Allen plans to file a lawsuit against the US federal government. “I’m going to fight this like hell,” he says.
The problem? Allen used the generative AI program Midjourney to create his entry, and copyright protections are not extended to artificial intelligence—not even the kind that
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