Images generated by artificial intelligence cannot benefit from copyright protection.

Following its decision [1] to partially remove the copyright on the comic book Zarya of the Dawn, which was generated exclusively through the application of Prompt Art Midjourney, the American Copyright Office has published a guide [2] on the protection of works generated by artificial intelligence.

The American Copyright Office first specified that “prompts”, that is, instructions given to AIs to generate content, are not enough to characterize a human creative effort. Therefore, images generated by AI cannot benefit from copyright. The US copyright office has compared prompts to “instructions given to a commissioned artist.” According to him, Prompt Art users don't have enough control over how AIs interpret prompts and generate content.

However, the US Copyright Office also specified that a Prompt Art author could benefit from copyright protection if they demonstrate a substantial creative effort in retouching the image generated by AI. Thus, if an artist manipulates an image generated by an AI to make an original contribution, he will be able to benefit from copyright protection. It is important to emphasize that this creative effort must be substantial, that is, it must be significant and bring real added value to the image generated by AI.

It is also important to note that this guide concerns exclusively copyright, which follows a logic different from that of French copyright. In France, copyright may prove to be more protective of authors. Thus, it is possible that a French artist who manipulated an image generated by an AI could benefit from copyright protection, even if the American Copyright Office does not recognize it.

Finally, it is interesting to note that this question has not yet been resolved in France. So we are waiting for case law. Prompt Art who will have to decide on the issue of the protection of works generated by AI.

In conclusion, the use of artificial intelligence to generate works of art poses complex questions in terms of copyright protection. The American Copyright Office has set out strict rules for benefiting from copyright protection, but these rules do not necessarily apply in France. So we are waiting for case law. Prompt Art who will be able to enlighten us on the issue of the protection of works generated by AIs in France.

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[1]Decision of the American Copyright Office “Zarya of the dawn”.

[2]American Copyright Office guide for the protection of works generated by artificial intelligence.

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