I’m happy to report that the U.S. Copyright Office has come around to my way of thinking about AI and copyrights. Before a recent ruling, anything generated by AI could not be copyrighted. Copyrights are granted only to works created by human beings. But I argued that AI used as a tool by humans during their creative process should be able to be copyrighted. And now the US Copyright Office agrees.

Before the recent change, there was a highly reported controversy surrounding Jason Allen’s AI-generated artwork “Théâtre D’opéra Spatial.” Allen, who spent significant time refining the image using Midjourney AI with over 600 prompts, argued that his effort warranted copyright protection because he used the AI as a tool rather than the sole source of creativity. His copyright was denied.

 But things have changed. The U.S. Copyright Office has now ruled that AI-generated work can be copyrighted if it involves “meaningful human authorship.” These three words will no doubt be tested in the courts and make attorneys lots of money.

Nevertheless, the recent ruling is an important step in the right direction. Allen and others should now get their deserved copyrights.

Until further notice, Théâtre D’opéra Spatial, below, is still in the public domain: