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The Guardian - UK
The Guardian - UK
Technology
Edward Helmore in New York

An old master? No, it’s an image AI just knocked up … and it can’t be copyrighted

United States Jason Allen Stephen Thaler Artificial Intelligence
Théâtre d’Opéra Spatial, created using AI, cannot be copyrighted, a US court has ruled
Théâtre d’Opéra Spatial, created using AI, cannot be copyrighted, a US court has ruled Photograph: US Copyright Office

The use of AI in art is facing a setback after a ruling that an award-winning image could not be copyrighted because it was not made sufficiently by humans.

The decision, delivered by the US copyright office review board, found that Théâtre d’Opéra Spatial, an AI-generated image that won first place at the 2022 Colorado state fair annual art competition, was not eligible because copyright protection “excludes works produced by non-humans”.

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