The decision is one of the first by a US court or agency on the scope of copyright protection for works created with AI.
"Zarya of the Dawn" author Kris Kashtanova is entitled to a copyright for the parts of the book Kashtanova wrote and arranged, but not for the images produced by Midjourney, the office said in its letter, dated Tuesday.
The Copyright Office said in its letter that it would reissue its registration for"Zarya of the Dawn" to omit images that"are not the product of human authorship" and therefore cannot be copyrighted.Kashtanova on Wednesday called it"great news" that the office allowed copyright protection for the novel's story and the way the images were arranged, which Kashtanova said"covers a lot of uses for the people in the AI art community.
Midjourney general counsel Max Sills said the decision was"a great victory for Kris, Midjourney, and artists," and that the Copyright Office is"clearly saying that if an artist exerts creative control over an image generating tool like Midjourney ...the output is protectable." The Copyright Office told Kashtanova in October it would reconsider the book's copyright registration because the application did not disclose Midjourney's role.
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