The point is that AI systems are already gobbling up legally protected material without permission.
Zarya Collaboration goes to court
Kris Kashtanova is being represented pro bono by veteran copyright lawyer Joe Gratz and the firm of Morrison Foerster. Gratz is also defending OpenAI in a proposed class action. And he is working on behalf of owners of copyrighted computer code.
The attorneys took on Kashtanova’s case after an associate at the firm, Heather Whitney, spotted a LinkedIn post by the artist seeking legal help. And their new client was concerned with a new application after the “Zarya” copyright was rejected.
The Copyright Office said it reviewed Kashtanova’s “Zarya” decision after discovering the artist had posted on Instagram that the images were created using AI.
Apparently, the AI and artist collaboration was not made clear in the original September application. And it may not even have been requested when she filed her application.
On March 16, 2022 “public guidance” was issued instructing applicants to clearly disclose if their work was created with the help of AI.
