The USCO ruled last month that images generated by Midjourney and used in a graphic novel were not copyrightable. However, it stated that the text and layout of Kris Kashtanova’s Zarya of the Dawn could be protected by copyright. According to the office, there is too much “distance” between Kashtanova’s inputs and Midjourney’s output for the images to be copyrightable. According to Kashtanova’s lawyers, the office “applied the wrong legal standard” by focusing on the output rather than the input.
Meanwhile, in response to requests from Congress and the public, the USCO has launched an initiative to further investigate copyright law and policy issues related to AI. In April and May, it will host several panel discussions on the topics. The office intends to solicit public comments on a wide range of copyright issues relating to the use of AI later this year.
