AI can create a work, but can it be its author? Why the Copyright Office drew the line

On August 31, the United States Copyright Office declined to grant copyright protection to an artwork created by an artificial intelligence system, DABUS, developed by computer scientist Stephen Thaler. The decision came after Thaler filed an application seeking copyright registration for the piece, titled "A Recent Entrance to Paradise."

The Office deemed the artwork original, as it did not appear to be copied from any existing work. However, it also ruled that the artist must be identifiable as the person who "caused" the work to be created. The Copyright Office explained that this requirement refers to the individual responsible for the work's origin, rather than the tool or mechanism used to generate the final expression.

The case raised questions about the potential for AI systems to be recognized as authors under existing copyright laws. The Copyright Office emphasized that a person must still be held legally accountable for the origination of a work, even if it was generated using AI.