Two years ago, the art world scrambled into uproar when Jason M. Allen, an executive at a tabletop gaming startup, won a Colorado digital art competition with an AI painting. Critics hounded him for cheating, but he, defiant, would only say back, “I won, and I didn’t break any rules.” He waved away apprehensions about AI companies like Midjourney disrupting the art market and just said, “Art is dead, dude. It’s over. AI won. Humans lost.”
Ironically, Allen is now fighting a battle of his own. He has since been using an AI platform—the same one that drew so much exploitation accusation to source other artists’ work. And he’s upset that his AI piece, Théâtre d’Opéra Spatial, cannot be copyrighted. Back in 2022, the U.S. Copyright Office announced that protection for works that are generated by AI systems lacks “human authorship.” This suddenly opened Allen up to having his work stolen by others and profiting from it, and he has been trying to get his piece registered since late 2022.
Last week, Allen filed an appeal in a federal court in Colorado, contending that his creative contribution to the AI-generated image entitled him to copyright protection. He contended that the rejection “caused price erosion” and devalued his capacity to demand standard licensing fees. Alongside this irony, his artwork started to get sold on platforms like OpenSea and Etsy, where it is not the only credit but also bashes such AI tools as Midjourney, for free without compensation.
Allen’s lawyer emphasizes that Allen’s interaction with the AI tool involved significant creativity. However, the U.S. Copyright Office continues to reject the notion that AI-assisted works can be legally protected, raising a larger debate about intellectual property in an AI-driven world. As this legal battle unfolds, the case continues to stir controversy in both the artistic and legal communities.
