The heart is breaking into pieces.
In 2022, Jason M. Allen won the annual digital art competition at the Colorado State Fair (USA). He created his piece “Théâtre d'Opéra Spatial” using the AI tool Midjourney. At that time, Allen did not apologize for using AI and claimed that technology had triumphed over humans in art.
“Art is dead. It's all over. AI has won. Humans have lost,” he stated.
Since late 2022, Allen has been attempting to register copyright for his image. However, this has proven to be a challenging task, as judges ruled that art created with generative AI cannot be copyrighted due to the lack of human authorship.
Last week, Allen filed an appeal in federal court in Colorado. He argues that he does not earn enough profit from his work due to its decreased market value. Allen also claims that there have been numerous instances of his work being stolen without compensation or attribution.
Allen insists that his creative contribution involved crafting a series of prompts to generate the image, refining the scene, and determining the tone of the painting. In his view, these actions can be compared to the creative efforts of other artists and deserve copyright protection.
Allen's situation has highlighted copyright issues in the age of AI. Many artists criticize the use of their works to train AI models without consent. In 2023, a group of artists filed a class-action lawsuit against companies that develop AI for generating images.
Allen's lawyers emphasize the need to adapt legislation to protect the rights of those who use AI for creative expression. At the same time, the question arises regarding the protection of artists' rights whose works are used to train AI models.
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