> On the application, Dr. Thaler listed the Creativity Machine as the work’s sole author and himself as just the work’s owner.
and
> Nor do we reach Dr. Thaler’s argument that he is the work’s author by virtue of making and using the Creativity Machine because that argument was waived before the agency.
Make it very clear that this is NOT an opinion on if a human being can be said to be the author of a work that they used an AI to generate. Dr. Thaler listed the machine itself as the author on the original application, and has therefore conceded that he is not the author. The courts cannot concluded that he filled out the form in error, and must accept the facts as given. This judgment says that if you decide that the machine is the author, then you can't claim copyright. It says nothing about what happens if you claim that you are the author.
This would of course not carry over when we talk about liability, since the defendant doesn't get to decide what the claim is in those cases.
Two quotes from the judgement
> On the application, Dr. Thaler listed the Creativity Machine as the work’s sole author and himself as just the work’s owner.
and
> Nor do we reach Dr. Thaler’s argument that he is the work’s author by virtue of making and using the Creativity Machine because that argument was waived before the agency.
Make it very clear that this is NOT an opinion on if a human being can be said to be the author of a work that they used an AI to generate. Dr. Thaler listed the machine itself as the author on the original application, and has therefore conceded that he is not the author. The courts cannot concluded that he filled out the form in error, and must accept the facts as given. This judgment says that if you decide that the machine is the author, then you can't claim copyright. It says nothing about what happens if you claim that you are the author.
This would of course not carry over when we talk about liability, since the defendant doesn't get to decide what the claim is in those cases.