Case 1:22-cv-01564-BAH Document 24 Filed 08/18/23 Page 2 of 15
therefore plaintiff’s pending motion for summary judgment is denied and defendants’ pending cross-motion for summary judgment is granted.
I. BACKGROUND
Plaintiff develops and owns computer programs he describes as having “artificial intelligence” (“AI”) capable of generating original pieces of visual art, akin to the output of a human artist. See Pl.’s Mem. Supp. Mot. Summ. J. (“Pl.’s Mem.”) at 13, ECF No. 16. One such AI system—the so-called “Creativity Machine”—produced the work at issue here, titled “A Recent Entrance to Paradise:”
Admin. Record (“AR”), Ex. H, Copyright Review Board Refusal Letter Dated February 14, 2022 “(Final Refusal Letter”) at 1, ECF No. 13-8.
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