Artist Seeks Copyright of AI Artwork That Uses Own Drawing
Law360
Law360
Heather Whitney spoke to Law360 about artificial intelligence artist Kris Kashtanova submitting a new application to the U.S. Copyright Office for an artwork produced by an AI tool following the agency previously partially canceling the artist’s registration for an AI-assisted comic book.
In a letter published this week, lawyers for Kashtanova – including Heather along with Joe Gratz – said the artist’s two-dimensional visual artwork titled “Rose Enigma” was eligible for copyright protection because they contributed creative expression to the work through various artistic choices, and the AI model Stable Diffusion was used as an “assisting instrument” to realize their original mental conception.
According to Heather, “Rose Enigma” is copyright eligible because the artist “conceived the traditional elements of authorship with it.” She added that she and Kashtanova believe the artist’s latest work is “eligible for registration under the [Copyright Office’s new guidance on AI-generated art]” as well as under the underlying law.
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