The Board accepts as a threshold matter Thaler’s representation that the Work was autonomously created by artificial intelligence without any creative contribution from a human actor
Given that all those AI-generated imagines are based in part on human-generated training data, this seems to be an expressed view that the training data is no “creative contribution from a human actor”
From an AI risk perspective, this seems to be an interesting question. You could limit AI capability by pushing for a law that makes the training data use copyright.
Whether or not AI training is fair use under US copyright law is an unsettled question that likely will be fought out in some court battles.
https://www.copyright.gov/rulings-filings/review-board/docs/a-recent-entrance-to-paradise.pdf seems to suggest that the US copyright office believes:
Given that all those AI-generated imagines are based in part on human-generated training data, this seems to be an expressed view that the training data is no “creative contribution from a human actor”
From an AI risk perspective, this seems to be an interesting question. You could limit AI capability by pushing for a law that makes the training data use copyright.