Théâtre D'opéra Spatial

Théâtre D'opéra Spatial (French for "Space Opera Theater", pronounced [teatʁ dɔpeʁa spasjal]) 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 photomanipulation category on September 5, becoming one of the first AI-generated images to win such a prize.[1][2]

Théâtre D'opéra Spatial
ArtistJason M. Allen
Year2022
MediumAI art, Midjourney

Allen said he used at least 624 text prompts and input revisions to get Midjourney to create the image, which he then manipulated with Adobe Photoshop, and enlarged with the Gigapixel AI tool.[3]

He disclosed his use of Midjourney when he entered the image in the contest's category of "digital arts/digitally-manipulated photography". The two judges for the category later said they didn't know that Midjourney used artificial intelligence (AI) to generate images, but that they would have awarded Allen the top prize anyway.[2]

The other two space opera-themed entries submitted by Allen to the competition

Some artists accused Allen of cheating.[4] He responded: "I'm not going to apologize for it. I won, and I didn't break any rules."[2]

In September 2023, the United States Copyright Office review board found[5] that Théâtre D'Opéra Spatial was not eligible for copyright protection as the rules "exclude works produced by non-humans".[6] This decision reaffirms previous guidance given in respect of AI by the Office[7] and a recent court case, Thaler v Comptroller-General of Patents, Designs and Trademarks[8] which found against Thaler on the basis of a principle of human authorship that, though not enshrined in copyright law, is a working principle used by the Office.

Allen insists he will continue to try to gain copyright registration:

Allen was dogged in his attempt to register his work. He sent a written explanation to the Copyright Office detailing how much he'd done to manipulate what Midjourney conjured, as well as how much he fiddled with the raw image, using Adobe Photoshop to fix flaws and Gigapixel AI to increase the size and resolution. He specified that creating the painting had required at least 624 text prompts and input revisions.[9]

See also

References
  1. "Explained: The controversy surrounding the AI-generated artwork that won US competition". Firstpost. 2022-09-05. Retrieved 2023-03-26.
  2. Roose, Kevin (2022-09-02). "An A.I.-Generated Picture Won an Art Prize. Artists Aren't Happy". The New York Times. ISSN 0362-4331. Retrieved 2023-03-26.
  3. Gault, Matthew (31 August 2022). "An AI-Generated Artwork Won First Place at a State Fair Fine Arts Competition, and Artists Are Pissed". Vice. Retrieved 2023-04-03.
  4. Metz, Rachel (2022-09-03). "AI won an art contest, and artists are furious | CNN Business". CNN. Retrieved 2023-03-26.
  5. Second Request for Reconsideration for Refusal to Register Théâtre D'opéra Spatial (SR # 1-11743923581; Correspondence ID: 1-5T5320R)
  6. Helmore, Edward (24 September 2023). "An old master? No, it's an image AI just knocked up … and it can't be copyrighted". The Guardian.
  7. Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence, March 16, 2023
  8. Thaler v Comptroller-General of Patents, Designs and Trademarks,
  9. Knibbs, Kate (2023-09-06). "Why This Award-Winning Piece of AI Art Can't Be Copyrighted". Wired. ISSN 1059-1028. Retrieved 2023-10-08.
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