However, according to case law, not all content is protected by copyright

“Just in September of this year, the US Copyright Office Appeals Committee confirmed that an image generated by the artificial intelligence program Midjourney by an artist named Jason M. Allen cannot be registered as a work. The applicant claimed to have used 624 work orders to create the image, corrected errors in the image with a photo editing program, and added new content. However, the agency found that Allen cannot obtain copyright protection for the entire image, as it is not a man-made work,” the consultant explained on the agency’s blog.

Kroodo noted that Estonian copyright law clearly states that an author is a natural person who created a work, although according to case law not all content is protected by copyright: when he creates a work, a person must have used creativity, made personal choices. However, when using artificial intelligence, a person’s creative choices may not be detectable, because between the work order given to the program and the result there is as if it were a dark space in which the user has no control over what is happening. For example, entering two identical work orders might produce a different result.

2023-12-09 13:36:30
however-according-to-case-law-not-all-content-is-protected-by-copyright

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