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the artist, the programmer, or the AI itself

The question of who owns the copyright to an image created by AI is a complex one, and the answer may vary depending on the specific circumstances. In general, copyright law recognizes the person who created the work as the copyright owner, but when it comes to AI-generated works, the question of who created the work can be more difficult to determine.

In the case of the graphic novel created by Kristina Kashtanova using the Midjourney generative AI, the copyright registration was granted to Kashtanova, who wrote the text of the book and provided the prompts for the AI to generate the images. However, the question of whether the AI itself can be considered the author of the work, and therefore the copyright owner, is still a matter of debate.

In the US, the Copyright Office has stated that a work of art created by artificial intelligence without any human input cannot be copyrighted under US law. However, this does not necessarily mean that AI-generated works are not protected by copyright law. If a human creator can be identified, such as the person who provided the prompts or the person who selected and arranged the AI-generated images, then that person may be considered the copyright owner.

The issue of AI-generated art and copyright law is still evolving, and there are ongoing legal disputes and debates around the world regarding the ownership of AI-generated works. As AI technology continues to advance and become more integrated into various industries, it is likely that the legal landscape surrounding AI-generated works will continue to shift and evolve.

In the meantime, it is important for creators and artists who use AI in their work to understand the legal implications of their use of AI and to seek legal advice if they have questions or concerns about the ownership of their work. Additionally, the development of new technologies and business models that enable the creation and distribution of AI-generated works while respecting the rights of both human creators and AI systems will be crucial in shaping the future of the creative industry.

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