Jason M. Allen, once a proud winner of a digital art contest in Colorado, is now fighting for recognition of his AI work, “Théâtre D’opéra Spatial .” His piece, created with the help of Midjourney , previously sparked outrage among many artists who believed Allen had devalued the concept of art by allowing artificial intelligence to take the creator’s place. Allen himself was adamant: “I’m not going to apologize. Art is dead. AI has won.”
But after the U.S. Copyright Office refused to register his work, citing a lack of human authorship, Allen suddenly found himself in a situation where, without legal protection, his creation was left among crypto traders and stock image sellers. Now he complains about the theft of his work, which is being exploited without his permission, and asks the courts to reconsider the concept of authorship in the face of a new technological reality.
Allen argues that the process of creating his image required complex interaction with AI, careful editing, and the introduction of his own creative decisions. He even compares himself to artists who use brushes or cameras.
I am defending my right to self-expression through generative AI tools and opposing the popular narrative that, for some unknown reason, many people are actively promoting to prevent others from expressing themselves.
Ironically, those who claimed that AI represents a new era in art are not ready to accept that their place in this new epoch may be just as unstable. Now Jason M. Allen, once a prominent voice defending AI in art, is seeking recognition of human creativity where he himself once declared its decline.
