USCO Rejects Registration of AI Generated Work

The U.S. Copyright Office (USCO) will NOT allow registration of AI-generated images as part of larger graphic novel registration. The generative works were not properly disclaimed, and therefore the USCO is reissuing a certificate to fix and limit the original registration.

“We conclude that Ms. [sic] Kashtanova is the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements. That authorship is protected by copyright. However, as discussed below, the images in the Work that were generated by the Midjourney technology are not the product of human authorship. Because the current registration for the Work does not disclaim its Midjourney-generated content, we intend to cancel the original certificate issued to Ms. Kashtanova and issue a new one covering only the expressive material that she created.”

Note that Mx. Kashtanova uses a gender-neutral honorific and pronoun, of which the USCO seems to be unaware.

A copy of the full letter from the USCO can also be accessed here: