3 ms·
I think you are correct that an image derived from a program with no human input is not copyrightable in the US. Relevant sections from the copyright.gov compen
by danielvf 8y ago
I think you are correct that an image derived from a program with no human input is not copyrightable in the US. Relevant sections from the copyright.gov compendium, 3rd edition
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# 306 The Human Authorship Requirement
The U.S. Copyright Office will register an original work of authorship, provided that the work
was created by a human being.
The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative
powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879). Because 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. Burrow-Giles Lithographic Co. v. Sarony,
111 U.S. 53, 58 (1884). For representative examples of works that do not satisfy this requirement,
see Section 313.2 below.
...
# 313.2 Works That Lack Human Authorship
The Office will not register works produced by nature, animals, or plants. Likewise, the Office
cannot register a work purportedly created by divine or supernatural beings....
...
Similarly, the Office will not register works produced by a machine or mere mechanical process
that operates randomly or automatically without any creative input or intervention from a human
author... Example: A claim based on a mechanical weaving process that randomly produces irregular
shapes in the fabric...
https://www.copyright.gov/comp3/docs/compendium.pdf https://www.copyright.gov/comp3/docs/compendium.pdf (Warning, approx 1200 pages)
- johnday 8y agoThat doesn't seem to imply that it cannot be copyrighted. > Similarly, the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author... Example: A claim based on a mechanical weaving process that randomly produces irregular shapes in the fabric... There is clear direction in the program here; it does not operate randomly without any creative input or intervention from a human author.