The question that has intrigued copyright professionals since the mid-1960s is whether computer-generated texts and images would be eligible for this law's protection. Early on, the consensus was that artificial intelligence (AI) is just a tool, like a camera, so humans could claim copyright in machine-generated outputs to which they made contributions. Now the consensus is that AI-generated texts and images are not copyrightable for the lack of a human author. The urgent questions today focus on whether ingesting in-copyright works as training data is copyright infringement and whether the outputs of AI programs are infringing derivative works of the ingested images. Four recent lawsuits, one involving GitHub's Copilot and three involving Stable Diffusion, will address these issues.
