This comic is the first work created with artificial intelligence and with copyright. The moment has arrived

AI is a copyright headache, but something is changing. For the first time a work with artificial intelligence has obtained the approval of the United States copyright office and its author has been compensated with the authorship. Till the date all works with AI did not fit under copyright laws. Has anything changed? Why has this work been authored when the copyright laws do not contemplate it?


‘Zarya of the Dawn’, a comic created with Midjourney. Kris Kashtanova She is the New York author who has achieved the authorship of a work with artificial intelligence for the first time, according to what is known. This is how the author describes it in her profile and confirms Ars Technica.

This is a comic whose pages have been created with Midjourney and its main character is clearly based on the actress Zendaya. The comic, called ‘Zarya of the Dawn’, can be free download from AIComicsbooks website.

The pages have not been modified. Kashtanova is quite clear about the process that has been followed and describes it as such. “I obtained the copyright from the US Copyright Office on my AI generated graphic novel. I was transparent to how it was done and put Midjourney’s name on the cover. It was not altered in any other way. Just like it looks”.

The difference between “created by an AI” and “created with AI”. The registration to obtain authorship was the idea of ​​a lawyer friend of his and they approached each other to try to create a precedent. One that they have finally achieved.

The key is in the work that belongs to the AI ​​and the work that belongs to the artist. The author wrote the story of the comic, created the structure and chose the different ‘prompts’ to generate the images. The AI ​​was in charge of translating those ideas into images. And this is where the difference lies and the reason why she has achieved authorship. The argument is that ‘Zarya of the Dawn’ is an “AI-assisted” comic.

Despite the controversy, copyright has nothing against AI. In recent weeks we have seen many cases where AIs have caused problems in contests or web pages. We saw a digital artist who won a contest and was disqualified because it had actually been an AI. These days we have seen that Shutterstock and Getty Images have rejected AI images because they don’t want copyright issues.

However, this incompatibility of AI with copyright only exists in relation to authorship. An artificial intelligence cannot be an author because this right corresponds only to humans. Beyond this, the copyright laws do not specify anything against.

where to put the line. The key concept to understand this is that of “originality”. If an image is generated with a ‘prompt’ it is hardly very original. Because in the end it is following a recipe. There is not much mystery there. As described from lexologyit will be necessary to look at aspects such as “the nature of the work”, “the way in which the AI ​​has been used” and “the level of intellectual effort necessary for the AI ​​to have produced that result”.

the season is open. ‘Zarya of the Dawn’ is very representative of what is to come. The Copyright office has opened the door to register this type of work. It would not be surprising that from now on registrars are more likely to accept the authorship of human artists who are helped by AI to produce their works. That they have used an AI does not mean that the creative process of the human disappears. Those human artists who demonstrate an original use of AI to produce their works will be rewarded.

Via | Ars Technica

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