AI Insights: Copyright Office Rejects Application for AI-Generated Work Based on a Photograph | Skadden, Arps, Slate, Meagher & Flom LLP

Copyright Office Rejects Application for AI-Generated Work Based on a Photograph —

On December 11, 2023, the Review Board of the United States Copyright Office (Board) rejected a Second Request for reconsideration with respect to the registration of a work generated through the use of artificial intelligence (AI). The proposed registration in this case, by the photographer Ankit Sahni, presented a different set of facts from those the Copyright Office has previously considered in AI-related matters because it involved a copyrightable work in the input. This case therefore provides further guidance on how the Copyright Office views the issue of human authorship in AI-generated works.

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