This week saw the filing of a new AI-centric copyright case that will be worth keeping an eye on. Artist Jason M. Allen filed suit against the U.S. Copyright Office (“USCO”) on Thursday with the U.S. District Court for the District of Colorado. In the newly-filed suit, Allen urges the court to declare that his work, Théâtre D’opéra Spatial, is “capable of formal Copyright registration,” despite the USCO’s determination that it is not due to Allen’s use of AI, which causes the work to lack “the human authorship necessary to support a copyright claim.”
In his complaint, Allen says that he uses AI tools, such as Midjourney, to “assist in the creation of artistic works, which he displays and sells to the public.” To create Théâtre D’opéra Spatial, Allen says that he “selected the colors, the style, and the era of the artwork, and arranged the elements in the image,” and then used repeated text prompts to direct Midjourney to create an image with his exact specifications.
TLDR: “It is clear that the work was not generated by Midjourney through the mere input of a few prompts. The creative selection and arrangement of elements in the image were entirely directed by [Allen], who meticulously crafted the instructions.” Midjourney, “lacking autonomous creativity, simply executed the detailed guidance provided by Allen, [whose] extensive effort and careful direction were crucial in creating the image, far surpassing the role of the AI tool.”
