made with Adobe Photoshop contained a sufficient amount of original authorship to be registered," the ruling reads."However, the Office explained that the features generated by Midjourney and Gigapixel AI must be excluded as non-human authorship… Because Mr. Allen sought to register the entire work and refused to disclaim the portions attributable to AI, the Office could not register the claim."contained more than a minimal amount of AI-generated content.
Like Allen's image, Thaler's application for protection was denied. Thaler would later sue the office in federal court, with U.S. District Judge Beryl A. Howell ruling that AI-generated artwork cannot be copyrighted.
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