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Copyright Registration Guidance: Works containing material generated by AI

federalregister.gov

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Re: Copyright Registration Guidance: Works containing material generated by AI

#11

Post by ars »

TheOtherHobbes wrote: post #5
rvz wrote: post #2

The human authorship requirement still stands: > If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. [0] Even with that, applicants now must disclose the inclusion of AI generated content and highlight which parts are human authored vs AI generated: > Consistent with the Office's policies described above, applicants have a dut…

If an author chooses not to credit an AI, how are they going to know? It's already not completely obvious with the current state of the art in at least some domains. What happens when the tech moves from "Not completely obvious" to "Impossible to tell?"

Fraud has existed for a long time.

For the most part society is designed with the assumption that most people will tell the truth.

You could create a different kind of society, where the default assumption is everyone lies, but I suspect no one would be able to live under those conditions.

Note this is not the same as taking steps to check for lying, it's just a question of what's the default assumption.

Re: Copyright Registration Guidance: Works containing material generated by AI

#12

Post by badkitty99 »

EMIRELADERO wrote: post #3

> If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. > For example, when an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology—not the human user. Based on the Office's un…

[dead]

Re: Copyright Registration Guidance: Works containing material generated by AI

#13

Post by pmoriarty »

"Based on the Office's understanding of the generative AI technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material."

As an artist and a musician I use various degrees of randomness in my work - from feedback and "noise" in a composition to abstract splatters in my paintings.

Plenty of art, writing, and music is the result of partially or completely random techniques, over which the artist has little to no control, and AI generated works are just another tool in the hands of a creator.

The copyright office understands neither art nor creativity.

Re: Copyright Registration Guidance: Works containing material generated by AI

#14

Post by user3939382 »

This works for now. However, I can imagine a spectrum of input parameter specificity that could eventually blur the line this draws and undermine this strategy.

On one side you have these general prompts.

On the other side you have, say, autotune, where the final output is still created by a machine but the human's input (voice in this case) greatly constrains the output.

Re: Copyright Registration Guidance: Works containing material generated by AI

#15

Post by kirubakaran »

kube-system wrote: post #8

This is all very sane and consistent with previous opinions on the matter. But it doesn’t answer any tough questions either, like: if an AI model outputs something very close to a training input, does the result infringe on the copyrights of the input work?

And how close is too close?

Re: Copyright Registration Guidance: Works containing material generated by AI

#16

Post by parhamn »

TheOtherHobbes wrote: post #5
rvz wrote: post #2

The human authorship requirement still stands: > If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. [0] Even with that, applicants now must disclose the inclusion of AI generated content and highlight which parts are human authored vs AI generated: > Consistent with the Office's policies described above, applicants have a dut…

If an author chooses not to credit an AI, how are they going to know? It's already not completely obvious with the current state of the art in at least some domains. What happens when the tech moves from "Not completely obvious" to "Impossible to tell?"

“Not going to know” can apply to most laws.

Most people especially enterprises abide.

Re: Copyright Registration Guidance: Works containing material generated by AI

#18

Post by favorited »

TheOtherHobbes wrote: post #5
rvz wrote: post #2

The human authorship requirement still stands: > If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. [0] Even with that, applicants now must disclose the inclusion of AI generated content and highlight which parts are human authored vs AI generated: > Consistent with the Office's policies described above, applicants have a dut…

If an author chooses not to credit an AI, how are they going to know? It's already not completely obvious with the current state of the art in at least some domains. What happens when the tech moves from "Not completely obvious" to "Impossible to tell?"

> If an author chooses not to credit an AI, how are they going to know?

USCO doesn't generally proactively investigate (it would take too long), but a copyright claim could be invalidated if it is proven that the applicant didn't disclose required information. As of today, the USCO has explicitly say that AI-assistance needs to be disclosed.

Re: Copyright Registration Guidance: Works containing material generated by AI

#19

Post by mouse_ »

TheOtherHobbes wrote: post #5
rvz wrote: post #2

The human authorship requirement still stands: > If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. [0] Even with that, applicants now must disclose the inclusion of AI generated content and highlight which parts are human authored vs AI generated: > Consistent with the Office's policies described above, applicants have a dut…

If an author chooses not to credit an AI, how are they going to know? It's already not completely obvious with the current state of the art in at least some domains. What happens when the tech moves from "Not completely obvious" to "Impossible to tell?"

The correct response would be the end of digital intellectual property. We would have a creative explosion akin to the age of free sampling in music, the early internet or the modern Chinese digital landscape. The actual response will be more layers of bureaucracy, which will have the chilling effect of demoralizing small creators and further empowering IP trolls and large corporations with lots of money for this sort of thing.

Re: Copyright Registration Guidance: Works containing material generated by AI

#20

Post by RcouF1uZ4gsC »

EMIRELADERO wrote: post #3

> If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it. > For example, when an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology—not the human user. Based on the Office's un…

Based on this reasoning, does that mean that you could not claim copyright over a picture captured by a motion sensor camera.

Basically you instructed it to capture when it determined movement and the camera determined how those instructions are implemented in its output.

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