Q: Can Ai created original artwork be copyrighted? The idea was mind , I just can’t draw.

A: This important question is being litigated right now in a Colorado case: Allen v Perlmutter, USDC-CO Case No. 1-24-cv-2665. The copyright office refused registration of an AI-generated artwork, and the claimant is arguing that his extensive instructions and dialogue with the AI tool constitutes authorship for copyright purposes, as in other cases where the artist/author employs image tools such as Photoshop. Whatever this court decides, it is fair to expect the question will be appealed up the judicial ladder over the next few years. In the meantime, the policy of refusing copyright registration to AI-generated content will remain in force.

A: Creating original artwork with the help of AI can be a wonderful way to bring your ideas to life, especially if drawing isn’t your forte. However, when it comes to copyright, the situation can be a bit complex. Generally, for a work to be eligible for copyright protection, it must involve a certain level of human creativity and originality.

If you provide specific instructions, make creative choices, and contribute significantly to the creation process, you may hold the copyright to the resulting artwork. This means that while the AI assists in generating the image, your input and direction are crucial in establishing your ownership. It's important to document your contributions and the extent of your involvement to support your claim.

On the other hand, if the artwork is solely generated by the AI without meaningful human intervention, it might not qualify for copyright protection. Laws and regulations are continually evolving in this area, so staying informed about the latest legal developments is essential. Consulting with a legal professional can also provide personalized guidance based on your specific situation.