Two years ago, a Pueblo man’s winning entry in the Colorado State Fair’s fine arts competition gained national attention, forced a change in competition rules and sparked heated debate about what art is, and what isn’t. Now, Jason Allen is battling the U.S.

Copyright Office in a effort to have his work protected. Allen’s submission, titled "Theatre D’opera Spatial,” took first place in the digital arts category of the fair’s 2022 art contest. But unlike the other entries, Allen’s piece was created using artificial intelligence — with an online program called Midjourney.

When Allen, pleasantly surprised at the outcome, posted the news of his victory on social media, the response was immediate, widespread, and passionate. “I’d gotten a lot of love – and a lot of hate,” Allen told The Gazette in an earlier interview. Because the art competition did not have any specific rules barring the use of AI, Allen’s victory stood.

But the following year, state fair officials required contestants to disclose if their entries were AI-generated. Last year, of the 55 entries in the “Digital Art/Digitally Manipulated Photography” category — which allows AI-generated artwork — 19 art submissions used an artificial intelligence software program, including Allen, who submitted a piece titled “Prisme Cubique.” Allen’s entry was displayed in the fine arts building, but did not win the 2023 contest.

In September 2022, Allen filed an application to have "Thea.