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XArt Created By Artificial Intelligence Can’t Be Copyrighted, US Agency Rules
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.

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Computers can now write poems, paint portraits and produce music better than many humans. But when it comes to the realm of intellectual property law, artwork made by machines can’t receive copyright protection, a federal agency has decided.
The U.S. Copyright Office refused to grant a copyright this month for an image made by an artificial intelligence program called Creativity Machine—ruling that “human authorship is a prerequisite to copyright protection.” The case will now head to federal court as the AI program’s owner, Stephen Thaler, plans to file an appeal, according to Ryan Abbott, a Los Angeles-based attorney representing Thaler.
Thaler, the founder of the Missouri-based AI firm Imagination Engines, tried to copyright “A Recent Entrance to Paradise,” a picture that was autonomously created by Creativity Machine’s algorithm without any human help. Thaler listed the program as the artwork’s author and sought a copyright as the machine’s owner.
The case arrives as artists are increasingly using AI to help generate artwork, including works produced by autonomous machines. Abbott, a partner at L.A.-based law firm Brown, Neri, Smith & Khan, noted that AI-produced artwork is creating significant commercial value, such as an AI-authored painting that sold for $432,000 at auction in 2018.
“The United States Copyright Office has a policy of not allowing that sort of work to be protected,” Abbott told dot.LA. “That sort of policy is going to stand in the way of people developing machines that are going to make socially-valuable creative works: songs, movies, music. This is really an area where the United States should be a global leader in promoting AI development.”
Ryan Abbott, the attorney representing Stephen Thaler.
Provided by Ryan Abbott
Working on behalf of Thaler, Abbott has led a series of legal test cases for AI-generated intellectual property, including patents for inventions created by AI programs. As far as the Creativity Machine artwork, the Copyright Office had twice previously rejected Thaler’s claims in 2019 and 2020, finding that the work “lacked the required human authorship” necessary to win a copyright. In the most recent request for reconsideration, Abbott argued that the human authorship requirement was unconstitutional and unsupported by case law.
But in ruling against Thaler again, the Copyright Review Board’s three-person panel cited several cases in which courts refused to extend copyright protection to non-human creations. In 1997, a federal appeals court ruled that a book allegedly “authored by non-human spiritual beings” could only gain copyright if a human curated the revelations. Similarly, in a separate 2018 case, a monkey was not awarded a copyright for photos that it took with a camera.
“Thaler must either provide evidence that the work is the product of human authorship or convince the Office to depart from a century of copyright [legal theory],” the Copyright Board wrote in its Feb. 14 ruling. “He has done neither.”
Abbott contends that Thaler’s case is different from the monkey ruling cited by the Copyright Board, given that “no one is trying to have a machine own a copyright.” Rather, Thaler wants to own the copyright for artwork created solely by a machine that he built, Abbott said.
“It's going to be a real issue when someone has AI that makes a song that is genuinely commercially valuable—that's playing on the radio, that people want to listen to,” Abbott noted. “Then there's a question: Do I just put my name on this so I can get streaming royalties? Or do I admit the machine made it, in which case I can't stop anyone from using it however they want?”
Abbott said he plans to appeal the board’s decision in federal court in Washington D.C.
Despite its seemingly inhospitable stance toward AI-created artwork, the Copyright Office’s ruling shouldn’t be a major issue for artists using AI as a collaboration tool, according to Ahmed Elgammal, founder of AI software firm Playform. The startup (which is led by L.A.-based CEO Jennifer Chang) creates AI-enabled tools for artists; one of Playform’s products lets artists upload dozens of their own images and uses AI to generate them into something new. (Art created through Playform’s technology was featured in an episode of the HBO series “Silicon Valley.”)
Elgammal said he wasn’t surprised by the Copyright Office’s decision in the Creativity Machine case, as U.S. copyright laws are designed to account for the human creative process. (Other countries like China, he noted, have granted copyrights to autonomous AI.) Still, Elgammal doesn’t see the debate becoming a major issue for artists using AI to assist in their work.
“Artists are using AI as a tool [in] the same way [that] artists are using the camera,” he said. “You cannot claim the camera is the artist. Artists are using cameras to create photographs, and that’s how photographs get copyrighted.”
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Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
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This Week in ‘Raises’: Improvado Hauls $22M, Clearlake Launches $14B Fund
Kristin Snyder is an editorial intern for dot.la. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
This week in “Raises”: A pair of Web3 platforms for gamers landed funding, as did a Manhattan Beach medical startup looking to bolster primary care via nurse practitioners. Meanwhile, a Santa Monica-based investment firm launched its seventh fund with more than $14 billion in dry powder.
Venture Capital
Improvado, a marketing data aggregation platform, raised $22 million in a Series A funding round led by Updata Partners.
Web3 gaming platform FreshCut raised $15 million in funding led by Galaxy Interactive, Animoca Brands and Republic Crypto.
Medical startup Greater Good Health raised $10 million in a funding round led by LRVHealth.
Joystick, a Web3 platform for gamers and creators, raised $8 million in seed funding.
Open source data protection company CipherMode Labs raised $6.7 million in seed funding led by Innovation Endeavors .
Mobile phone charging network ChargeFUZE raised $5 million in seed funding led by Beverly Pacific, TR Ventures, VA2, Jason Goldberg and Al Weiss.
Polygon, a startup aiming to better diagnose children with learning disabilities, raised $4.2 million in seed and pre-seed funding led by Spark Capital and Pear VC.
Pique, a virtual women's sexual health clinic, raised $4 million in a seed funding round led by Maveron.
Psudo, a sneaker startup that utilizes recycled water bottles and 3D sublimation printing to create its shoes, raised $3 million in a seed funding round led by SternAegis Ventures.
Funds
Santa Monica-based investment firm Clearlake Capital Group raised $14.1 billion for its seventh flagship fund.
Raises is dot.LA’s weekly feature highlighting venture capital funding news across Southern California’s tech and startup ecosystem. Please send fundraising news to Kristin Snyder (kristinsnyder@dot.la).Kristin Snyder is an editorial intern for dot.la. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
LA Tech ‘Moves’: New Head of Originals at Snap, New President at FaZe Clan
Kristin Snyder is an editorial intern for dot.la. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
“Moves”, our roundup of job changes in L.A. tech, is presented by Interchange.LA, dot.LA's recruiting and career platform connecting Southern California's most exciting companies with top tech talent. Create a free Interchange.LA profile here—and if you're looking for ways to supercharge your recruiting efforts, find out more about Interchange.LA's white-glove recruiting service by emailing Sharmineh O’Farrill Lewis (sharmineh@dot.la). Please send job changes and personnel moves to moves@dot.la.
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FaZe Clan brought on Zach Katz as the gaming and media company’s new president and chief operating officer. Katz was previously the chief executive officer of the music tech investment fund Raised in Space Enterprises.
TikTok brand factory LINK Agency promoted Dustin Poteet to chief creative officer. Poteet was previously creative director at the firm.
Livestream shopping platform Talkshoplive hired Tradesy co-founder John Hall as its chief technology officer. Universal Music Group Nashville's former vice president of digital marketing, Tony Grotticelli, also joins the company as vice president of marketing.
Anjuli Millan will take over as head of original content at Snap after three years of overseeing production for the division.
Tech and media company Blavity hired Nikki Crump as general manager of agency. Crump joins the company from Burrell Communications Group.
O'Neil Digital Solutions, which provides customer communications and experience management for the health care industry, hired Eric Ramsey as national account sales executive. Ramsey joins from T/O Printing.
Investment firm Cresset Partners named Tammy Funasaki as managing director of business development. Funasaki previously served as head of investor relations for Breakwater Management.
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Kristin Snyder is an editorial intern for dot.la. She previously interned with Tiger Oak Media and led the arts section for UCLA's Daily Bruin.
Snapchat’s New Controls Could Let Parents See Their Kids’ Friend Lists
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.
Snapchat is preparing to roll out enhanced parental controls that would allow parents to see who their teenagers are chatting with on the social media app, according to screenshots of the upcoming feature.
Snap’s parental controls.
Courtesy of Watchful.
Snapchat is planning to introduce Family Center, which would allow parents to see who their children are friends with on the app and who they’ve messaged within the last seven days, according to screenshots provided by Watchful, a product intelligence company. Parents would also be able help their kids report abuse or harassment.
The parental controls are still subject to change before finally launching publicly, as the Family Center screenshots—which were first reported by TechCrunch—reflect features that are still under development.
Santa Monica-based Snap and other social media giants have faced mounting criticism for not doing more to protect their younger users—some of whom have been bullied, sold deadly drugs and sexually exploited on their platforms. State attorneys general have urged Snap and Culver City-based TikTok to strengthen their parental controls, with both companies’ apps especially popular among teens.
A Snap spokesperson declined to comment on Friday. Previously, Snap representatives have told dot.LA that the company is developing tools that will provide parents with more insight into how their children are engaging on Snapchat and allow them to report troubling content.
Yet Snap’s approach to parental controls could still give teens some privacy, as parents wouldn’t be able to read the actual content of their kids’ conversations, according to TechCrunch. (The Family Center screenshots seen by dot.LA do not detail whether parents can see those conversations).
In addition, teenage users would first have to accept an invitation from their parents to join the in-app Family Center before those parents can begin monitoring their social media activity, TechCrunch reported.
Christian Hetrick is dot.LA's Entertainment Tech Reporter. He was formerly a business reporter for the Philadelphia Inquirer and reported on New Jersey politics for the Observer and the Press of Atlantic City.