The authorship of AI creations has already been the subject of much debate and some interesting articles have been published about this topic. However, the first condition about the qualification of an AI creation has been underexposed so far; can AI creations qualify as a “work” to start with? And, can AI creations even be protected under EU copyright?
An interesting example of the issue of copyright protection of AI creations is illustrated in the following case before the US Copyright Office (“USCO”). On February 14, 2022, the Copyright Review Board of the USCO refused the application for copyright protection
of an AI creation in the form of a two-dimensional artwork entitled “A Recent Entrance To Paradise”