Does AI art generation require human creative input for copyright protection?

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AI-Generated Art Lacks Copyright Protection Without Demonstrable Human Creative Input

A Moscow court has ruled that the generation of images using artificial intelligence, even with modifications to existing works like the Mona Lisa and the Statue of Liberty, does not constitute creative work eligible for copyright protection. The court determined that the process is purely technical, and AI, lacking consciousness, cannot exert creative effort. The plaintiff's claim was dismissed because providing prompts to AI and applying existing ideas to existing works were deemed simple mechanical actions, not creative contributions.
AI Generation Classified as a Technical Process

The court's central finding was that the creation of AI-generated images, in this instance, Mona Lisa with Wine and Statue of Liberty with Wine, is fundamentally a technical process rather than a creative act. The plaintiff had sought copyright protection for these AI-modified images, which were subsequently used on merchandise sold online. However, the court's analysis focused on the nature of AI's involvement, concluding that the AI itself cannot possess creative intent or exert creative effort due to its lack of consciousness.
Plaintiff's Modifications Deemed Non-Original

The court found that the specific modifications made to the original artworks—such as adding a wine glass, altering facial features, tousling hair, or replacing the Statue of Liberty's torch—were not novel ideas. These concepts have been frequently employed in various forms of art and media. Therefore, the application of these commonly used ideas to existing works through AI was not considered a sufficient basis for a copyright claim.
Prompting AI Not Considered a Creative Contribution

The court explicitly stated that providing prompts to an artificial intelligence system is a simple mechanical action and purely technical in nature. Similarly, giving commands to a computer program to apply an existing, repeatedly implemented idea to a pre-existing work was not recognized as a creative contribution. The plaintiff's role was limited to clarifying these commands, which the court did not consider to be an act of creative authorship.

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Does AI art generation require human creative input for copyright protection?

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