Who Owns the Copyright for an AI-Generated Artwork?

Jason M. Allen is appealing a US Copyright Office denial of protection for "Théâtre d'Opéra Spatial," an AI-generated artwork made with Midjourney that won a Colorado art competition in 2022. The Copyright Review Board upheld the rejection in September 2023 after Allen refused to disclose which parts of the piece were AI-created and which were modified by the artist. Allen's appeal, filed September 26 with the US District Court for the District of Colorado, says he prompted Midjourney 624 times, a process requiring "more than the bare minimal mental effort." His attorney, Tamara Pester Schklar, argues that when a human uses a machine to create a work, the human should still be considered the author.