The copyright conundrum of AI art - The Verge

This article examines copyright questions raised by AI-generated art and image models.

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About The copyright conundrum of AI art - The Verge

An article from The Verge by senior tech and policy editor Adi Robertson, published November 15, 2023, examining the copyright questions raised by generative AI image tools. It frames the debate around a US Copyright Office decision rejecting copyright for a Midjourney-generated image, and the lawsuits that may decide whether training on copyrighted works counts as fair use.

The piece discusses Midjourney, Stable Diffusion and DALL-E, noting that many such models are trained on large datasets including copyrighted works without artists' consent, and that the Copyright Office holds a computer program cannot make copyright-protected art.

Key features

  • Explains US copyright rulings on AI-generated images such as Allen's Midjourney work
  • Discusses Midjourney, Stable Diffusion and DALL-E image generators
  • Covers fair use lawsuits that could determine training-data legality
  • Details the US Copyright Office position on computer-created art
  • Describes the balancing act between copyright and prior art
  • Published November 15, 2023 by Adi Robertson, senior tech and policy editor
Best for: Readers who want a concise overview of US copyright disputes around AI image generation and training data.
Good for
  • Grounded in a specific case: a copyright application rejected for using Midjourney
  • Explains fair use exceptions and why they exist in plain terms
  • Written by a senior editor covering tech and policy
Watch out for
  • Leaves the central question open, stating that nobody knows yet where the balance will fall
  • Centers on US law and the US Copyright Office

The copyright conundrum of AI art - The Verge at a glance

Type
Online tool
Pricing
Not confirmed. Check the site
Platforms
Web
Open source
Not stated
Language
English
Last checked
Oct 6, 2026 · Online when checked
Listed
Oct 5, 2026

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The copyright conundrum of AI art - The Verge FAQ

Why was Jason M. Allen's copyright request rejected?
His image 'Théâtre D'opéra Spatial' was created with Midjourney, and the US Copyright Office holds that a computer program cannot make copyright-protected art.
Which AI image tools does the article cover?
Midjourney, Stable Diffusion and DALL-E, which are trained on large datasets that include copyrighted works.
Does the article resolve whether AI training is fair use?
No. It says US lawsuits could determine whether the applications fall under fair use, and that the outcome is not yet known.
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