3 Count: Non-Copyrighted AI

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

1: AI-Generated Art Cannot be Copyrighted, Rules a US Federal Judge

First off today, Wes Davis at The Verge reports that a federal judge has dismissed a lawsuit against the United States Copyright Office (USCO) and agreed with the USCO’s rule that bars the registration of AI-generated work.

The lawsuit was filed by Stephen Thaler, who tried to register an AI-generated image made with an algorithm he created. However, the USCO rejected those registrations, noting that human authorship was required to register (or protect) a particular work. He claimed that the denial was “arbitrary” and ignored the law.

However, the judge sided with the USCO, noting that copyright doesn’t apply to works made by non-humans. Thaler has announced his intent to appeal the case, though the case leaves open questions about how much human input is needed for partially-AI generated work to qualify for copyright protection.

2: Court to Revisit Fair Use in Tattoo Infringement Case

Next up today, Aaron Moss at Copyright Lately reports that Photographer Jeff Sediik and celebrity tattoo artist Katherine Von Drachenberg (Kat Von D) have both asked the court to reconsider an earlier summary judgement in light of the recent Warhol ruling at the Supreme Court.

Sediik sued Von D alleging that she infringed his copyright by taking a photo he took of Miles Davis and reproduced the image as a tattoo and then sharing that tattoo on her social media accounts. The judge, previously, denied a motion of summary judgement, ruling that there were triable issues on similarity and fair use.

However, since that denial was handed down last year, the Supreme Court ruled on the Warhol case, which found that Warhol’s unlicensed use of a photo by photographer Lynn Goldsmith was not a fair use. However, both Von D and Sediik claim that the decision bolsters their case and are seeking to have the judge reconsider the earlier denial.

3: Court Sends Fan Fiction Writer’s Suit Against Tolkien Estate to Mount Doom

Finally today, Stephen Carlisle at Nova Southeastern University reports that a court has tossed out a case filed against Amazon and heirs to the J.R.R. Tolkien estate over alleged copyright infringement of a fan fiction work.

The lawsuit was filed by Demetrious Polycron, who alleged that he sent multiple copies of his Lord of the Rings fan fiction series to both members of the estate and Amazon. However, he claims to have heard nothing back. He then went on to allege that Amazon produced its recent Rings of Power series, using elements from his story, without obtaining permission.

The judge, however, has tossed the case. According to the judge, Polycron’s work was already an unauthorized derivative work, meaning that very little original to Polycron is in that work. Of those original elements, the court found that the two works were not substantially similar, opting to toss the case without a trial.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.