Creator of Infamous AI Painting Tells Court He's a Real Artist

Jason Allen has responded to critics who say he is not an artist by filing a new brief and announcing plans to sell oil-print reproductions of his AI-generated image. Allen won the Colorado State Fair Fine Arts Competition in 2022 after submitting Theatre D'opera Spatial, which Midjourney created. He said in a press release that being called an artist does not concern him but his work and expression do.

Allen says he asked himself what could make the piece undeniably art and decided to create physical reproductions using technology. The reproductions employ a three-dimensional printing technique from a company called Arius that uses oil paints to simulate brushstrokes. Allen said the physical artifact is singular and real. His legal filing argues that he produced the artwork by providing hundreds of iterative text prompts to Midjourney and experimenting with over six hundred prompts before cropping and upscaling the final image. The U.S. Copyright Office has rejected his copyright applications for three years. The office maintains that Midjourney does not treat text prompts as direct instructions.

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