US Judge Dismisses 'AI Could Have Made It' Copyright Defense

A U.S. District Court has dismissed a unique copyright defense claiming that a photograph lacks protection because it might have been created by artificial intelligence. The lawsuit involves commercial photographer Nick Vedros, who took action against The Sterling Group of the Twin Tiers, Inc. for unauthorized use of his 2007 image featuring a dog on a weight scale beside a cat. This photo was registered with the U.S. Copyright Office on April 22, 2014. The defendant, which breeds English Labrador puppies, featured the image in a 2016 blog post without attribution, which garnered only 43 views before removal. Judge Matthew W. Brann ruled against the defendant’s fair use claim, stating the blog was commercial and the work not transformative. He also rejected the AI argument, asserting it could undermine copyright law, ultimately siding with Vedros, with liability to be decided later. This case underscores the limitations of AI defenses in copyright matters.