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> I can't claim copyright on a work by an AI, because I'm not the author.

You can lie about authorship, and it will (probably) be undetectable/irrefutable.

Also, currently AI's are not given personhood under law, hence they are not the author of the work they create. Given that, it isn't much of a stretch to say that if you wrote the software that runs the AI, you are the author. Which is a problem for users of tools like DALL-E.

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I don't believe this is the case, because the AI is what is known as an 'anonymous author' under copyright, and authorship does not just transfer because you're the first to claim it.

Are you claiming that whoever wrote Photoshop automatically owns digital art created in Photoshop if the artist of the digital art doesn't claim copyright?

The AI is controlled by the user prompting it.

Or is it controlled by the code that constitutes it? Which "control" is more significant?

In the eyes of copyright law, the human element, as only humans can hold copyright. (for now)

The Copyright Office finds it too much of a stretch, at least for now.

https://www.copyright.gov/rulings-filings/review-board/docs/...

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