The Legal Blog

Hi, I'm RANDI.


I help my clients secure their business success by providing easy to understand legal guidance in a supportive environment, so they can focus on achieving their full potential.  


SEARCH BY Category


business formation

business operations


intellectual property


social media

The World of IP:  Who will win when Competing with Artificial Intelligence Artists?

artificial intelligence artists

share this article:

When it comes to intellectual property, who will win when competing with artificial intelligence artists? That’s the question that is currently being debated. RecentLY, an AI-generated image won first place in a major art competition. That has fueled the debate greatly.

Jason M. Allen’s award-winning image is sparking a lot of controversy. Should art generated by a computer be compared to humans? What, exactly, it means to be an artist. In August, Allen, a game designer won first place in the emerging artist division’s “digital arts/digitally-manipulated photography” category at the Colorado State Fair Fine Arts Competition. His winning image was made with Midjourney — an artificial intelligence system that can produce detailed images when fed written prompts. Midjourney artificial intelligence system was fed a written prompt and then it produced the detailed winning image. Many people are questioning if this should be considered as art and if Jason M. Allen is considered an artist.

How do AI creators impact copyright law?

On one side of the debate are those who argue that AI-generated images should be treated the same as any other type of copyrighted work. 

On the other side of the debate are those who believe that AI-generated images should not be eligible for copyright protection at all. They argue that, because the images are created by machines, they lack the originality required for copyright protection.  

In fact, according to the U.S. Copyright Office’s Copyright Compendium, “the Office will refuse to register a claim if it determines that a human being did not create the work.”

Earlier this year, this guideline was reaffirmed when the US Copyright Review Board (CRB) upheld the Copyright Office’s refusal to register “A Recent Entrance to Paradise”,  an AI-generated work produced by one of Stephen Thaler’s AI systems, the Creativity Machine.

The CRB  relied on U.S. Supreme Court decisions from the past defining an “author” as “he to whom anything owes its origins” and 1976 Copyright Act language referring to an author’s children, widow, grandchildren, and widower — “terms that ‘all imply humanity'” — as judicial and legislative precedent.

So far, there is no clear answer to the question of who will win when competing with artificial intelligence artists. However, it is clear that the debate is likely to continue for some time.

Want to learn more? Schedule a chat with me at

About Sagacity Legal:
Sagacity Legal is a Florida-based firm that works with service-based small business owners, who want to minimize their legal risk so they can focus on achieving their full potential.

This article and all content herein is solely intended for general information purposes and should not be construed as legal advice in any manner. This information is not intended to create, and receipt or viewing, or communication via email or other means does not establish an attorney-client relationship. An attorney-client relationship is only formed when a written engagement agreement is executed. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Leave a Reply

Your email address will not be published. Required fields are marked *

leave a comment on this post.

previous comments

      * Testimonials found on this website are actual client reviews of Sagacity Legal PLLC. Prospective clients may not obtain the same or similar results.
    ** The information contained in this website is intended for general informational purposes only, and should not be construed as legal advice on any matter.
  *** For important disclaimer information please visit
**** This firm is registered to practice in the State of Florida and before the USPTO.
***** Sagacity Legal,  the Sagacity Legal logo, and Securing Your Success are registered trademarks of Sagacity Legal PLLC