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US Copyright Office has reconsidered the copyright protection granted to Kristina Kashtanova for her comic book Zarya of the Dawn that featured images created by an artificial intelligence image generator.
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The office decided that Kashtanova is the author of the text and the selection, coordination, and arrangement of the work's written and visual elements, but the images are not the product of human authorship.
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The registration granted for the images has been canceled based on previous cases where non-human spiritual beings or the Holy Spirit were not able to copyright words or songs.
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The Copyright Office pursued more information after becoming aware that the images were produced by Midjourney through Kashtanova's social media posts.
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Midjourney and Kashtanova are named on the book's cover, but Midjourney does not appear in the 18 pages submitted to the Copyright Office, which is why the original certificate was issued based on inaccurate and incomplete information.
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Kashtanova expressed disappointment that the Copyright Office did not give her copyright to the individual images.
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The Office dismisses the claim that Kashtanova's edits to some of the images make them eligible for copyright.
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Kashtanova's lawyer disagrees with the Office's arguments and believes that AI-assisted art will need to be treated like photography.
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The lawyer argues that Midjourney's image generation is based on artist-chosen probabilities, which are instructions that caused it to do what it was programmed to do.
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Kashtanova's lawyers are exploring their options to explain to the Copyright Office how individual images produced by Midjourney are direct expressions of her creativity and therefore copyrightable.