Case 1:22-cv-01564-BAH Document 24 Filed 08/18/23 Page 3 of 15
After its creation, plaintiff attempted to register this work with the Copyright Office. In his application, he identified the author as the Creativity Machine, and explained the work had been “autonomously created by a computer algorithm running on a machine,” but that plaintiff sought to claim the copyright of the “computer-generated work” himself “as a work-for-hire to the owner of the Creativity Machine.” Id., Ex. B, Copyright Application (“Application”) at 1, ECF No. 13-2; see also id. at 2 (listing “Author” as “Creativity Machine,” the work as “[c]reated autonomously by machine,” and the “Copyright Claimant” as “Steven [sic] Thaler” with the transfer statement, “Ownership of the machine”). The Copyright Office denied the application on the basis that the work “lack[ed] the human authorship necessary to support a copyright claim,” noting that copyright law only extends to works created by human beings. Id., Ex. D, Copyright Office Refusal Letter Dated August 12, 2019 (“First Refusal Letter”) at 1, ECF No. 13-4.
Plaintiff requested reconsideration of his application, confirming that the work “was autonomously generated by an AI” and “lack[ed] traditional human authorship,” but contesting the Copyright Office’s human authorship requirement and urging that AI should be “acknowledge[d] … as an author where it otherwise meets authorship criteria, with any copyright ownership vesting in the AI’s owner.” Id., Ex. E, First Request for Reconsideration at 2, ECF No. 13-5. Again, the Copyright Office refused to register the work, reiterating its original rationale that “[b]ecause copyright law is limited to ‘original intellectual conceptions of the author,’ the Office will refuse to register a claim if it determines that a human being did not create the work.” Id., Ex. F, Copyright Office Refusal Letter Dated March 30, 2020 (“Second Refusal Letter”) at 1, ECF No. 13-6 (quoting Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 58 (1884) and citing 17 U.S.C. § 102(a); U.S. Copyright Office, Compendium of U.S.
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