First refusal from the Copyright Office
Jason Allen applied for Copyright registration of his AI-assisted piece "Théatre D'Opera Spatial." The Copyright Office initially refused the registration with this attached explanation.
First Request for Reconsideration
In our first Request for Reconsideration, we ask that the Copyright Office's take into consideration public policy, prior case law where artists use "tools" to create registrable works, and further explain the process Mr. Allen used to create the Work.
Second refusal from the Copyright Office
In the Second Refusal, the Copyright Office again minimizes Mr. Allen's conception and creation of the work, and notes that the AI-assisted work is ineligible for Copyright protection because there is a lack of human authorship.
Second Request for Reconsideration
In our Second Request for Reconsideration, we ask the Copyright Office to set aside their personal and improper judgment of the work and instead reconsider how AI is a tool analogous to other tools used by artists throughout the ages and in notable cases regarding Copyright protection.
In the Final Refusal, the Copyright Office emphasizes their belief that Mr. Allen did not create the work; rather, since he used the assistance of artificial intelligence tools (Midjourney) in the creation, apparently it "lacks human authorship."