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Théâtre D'opéra Spatial

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Théâtre D'opéra Spatial
ArtistJason M. Allen
Year2022
MediumDigital image
MovementAI generative image

Théâtre D'opéra Spatial (pronounced [teatʁ dɔpeʁa spasjal], 'Space Opera Theater') is an image created by Jason Michael Allen with the generative artificial intelligence platform Midjourney. The image won the 2022 Colorado State Fair's annual fine art competition in the digital art category[a] on August 29, becoming one of the first images made using artificial intelligence (AI) to win such a prize.[1][3][4][5]

Allen said he used at least 624 texts and revisions as input prompts for Midjourney to create the initial image. He then edited it with Adobe Photoshop, and upscaled the image using a tool called Gigapixel AI.[6][7]

The other two space opera-themed entries submitted by Allen to the competition. One is called Theatre Opéra Spatial and the other Théâtre de l'opéra de l'espace.[8]

The digital art category had 11 participants, with 18 images in total.[8] Allen submitted three images and disclosed that he used Midjourney to create them.[9][3] The two judges for the category later said they did not know that Midjourney used AI to generate images, but that they would have awarded Allen the top prize anyway.[3] One judge, art historian Dagny McKinley, said the image reminded her of Renaissance art while Sebastian Smee, an art critic, said the image reminded him of work by Gustave Moreau. Allen had printed his three submissions on canvas for display at the fair, two of which were later sold for $750.[10]

Though there was little contention about the image at the fair, some artists on Twitter were upset.[10] They wrote that Allen didn't deserve to win, comparing it to robots participating at the Olympics and calling the artwork a digital version of Comedian.[9] He responded: "I'm not going to apologize for it. I won, and I didn't break any rules."[3] The next year, the 2023 Colorado State Fair required participants to disclose if they used AI for their submission.[11]

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On September 21, 2022, Allen submitted an application to the US Copyright Office for registration of the image. Prior to the first formal refusal, the Copyright Office Examiner requested that the request would exclude any features of the image generated by Midjourney. Allen declined the request and requested copyright for the whole image.[6]

An earlier version of the image, created using only Midjourney

In December 2022, the Copyright Office issued a first formal refusal, noting that the image included "inextricably merged, inseparable contribution" from Allen and Midjourney. In January 2023, Allen filed a first request for reconsideration. In June 2023, the Copyright Office continued the refusal, writing that the edits made using Photoshop could be registered but that the portion of the image created using Midjourney and Gigapixel AI had to be excluded. Allen filed a second request for reconsideration on July 12, 2023, arguing that case law as well as public policy reasons supported registration of the image.[6]

On September 5, 2023, the Copyright Office Review Board made a final determination and found that Théâtre D'Opéra Spatial was not eligible for copyright protection as the human creative input was de minimis, with the AI-generated elements dominating. The rules "exclude works produced by non-humans".[6][12] This decision continued the Copyright Office's previous guidance given in respect to AI.[13] Allen insists he will continue to try to gain copyright registration.[14]

Notes

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  1. ^ The category was for "Emerging Artists" (as opposed to "Professional Artists") and was called "Digital Arts/Digitally-Manipulated Photography", where "Digital Arts" was defined as: "Artistic practice that uses digital technology as part of the creative or presentation process."[1][2]

See also

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References

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  1. ^ a b "Explained: The controversy surrounding the AI-generated artwork that won US competition". Firstpost. September 5, 2022. Retrieved March 26, 2023.
  2. ^ "Fine Arts Exhibition" (PDF). Colorado State Fair. 2022.
  3. ^ a b c d Roose, Kevin (September 2, 2022). "An A.I.-Generated Picture Won an Art Prize. Artists Aren't Happy". The New York Times. ISSN 0362-4331. Retrieved March 26, 2023.
  4. ^ Todorovic, Milos (2024). "AI and Heritage: A Discussion on Rethinking Heritage in a Digital World". International Journal of Cultural and Social Studies. 10 (1): 4. doi:10.46442/intjcss.1397403. Retrieved July 4, 2024.
  5. ^ "2022 Fine Arts First, Second & Third" (PDF). Colorado State Fair. August 29, 2022.
  6. ^ Gault, Matthew (August 31, 2022). "An AI-Generated Artwork Won First Place at a State Fair Fine Arts Competition, and Artists Are Pissed". Vice. Retrieved April 3, 2023.
  7. ^ a b "2022 Fine Arts Accepted List" (PDF). Colorado State Fair. August 5, 2022.
  8. ^ a b Metz, Rachel (September 3, 2022). "AI won an art contest, and artists are furious". CNN. Retrieved March 26, 2023.
  9. ^ a b Harwell, Drew (September 2, 2022). "He used AI to win a fine-arts competition. Was it cheating?". Washington Post. Archived from the original on September 24, 2023. Retrieved September 4, 2024.
  10. ^ Kuta, Sarah (September 8, 2023). "Art Made With A.I. Won a State Fair Last Year. Now, the Rules Are Changing". Smithsonian Magazine. Retrieved September 6, 2024.
  11. ^ Helmore, Edward (September 24, 2023). "An old master? No, it's an image AI just knocked up ... and it can't be copyrighted". The Guardian.
  12. ^ "Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence" (PDF). United States Copyright Office. March 16, 2023.
  13. ^ Knibbs, Kate (September 6, 2023). "Why This Award-Winning Piece of AI Art Can't Be Copyrighted". Wired. ISSN 1059-1028. Archived from the original on June 22, 2024. Retrieved October 8, 2023.
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