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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

#121

Post by telotortium »

basch wrote: post #109
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…

> But the technology will decide the rhyming pattern, the words in each line, and the structure of the text. What if I generate it 50 times and cobble together a final product from the variants, choosing which line and word and rhyme I like from each sample? Where is the line between LLM and thesaurus/dictionary? The comic book the office rejected seems to me to have crossed a line of significant human editorial disc…

They allowed the comic book author to copyright the accompanying text and the overall arrangement of the images into a comic book, but not the images themselves.

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

#122

Post by antibasilisk »

JCM9 wrote: post #53

So this effectively destroys any concept of AI digital art for sale. If there’s no way to protect it then there’s really nothing to own. It would be like trying to sell someone public domain content.

Digital art as a whole has already been made worthless by the creation of diffusion models, whether there is copyright on them really doesn't matter at that point, because pretty much any image that can be imagined is now trivial to produce in under a minute.

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

#123

Post by RyanShook »

unsignedint wrote: post #101

Just curious... with such a decision in place, wouldn't more artists be inclined to make their use of generative AI less transparent? In other words, what would prevent them from ceasing to disclose that their work includes elements generated using generative AI? This could indeed increase skepticism, particularly when it comes to img2img and, if not as much, txt2img usage.

Exactly. When someone rips off someone else's art a court can usually determine that the copyright was infringed. But when an artist uses an AI model trained on other people's works how can that be proven even in a courtroom?

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

#124

Post by jxcole »

techdragon wrote: post #113
yafbum wrote: post #50

Earlier quoted context omitted.

I'm still hoping it stays that way. That'd be a fantastic direction for works in the public domain.

Yeah but that assumes people are honest about the providence of their content and let you know up front that it was produced by an Ai and is thus not protected by copyright… and given the preponderance of copyright info in website footers, I expect this will be an error of omission rather than actively claiming incorrectly. By simply not giving individual articles a more specific copyright note mentioning the AI all…

I think it's possible that some generous person determines a sequence of prompts that generate, say novels, and then pipes these prompts into a program causing thousands or even millions of wholly varied novels to be generated in the public domain. I imagine this is what the OP meant.

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

#125

Post by dukeofdoom »

RcouF1uZ4gsC wrote: post #20
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.

Made the larger context needs to be considered. Being in a place at the right time. The choice of lens, the type of camera, the direction of the sun. A camera captures a moment in time, and that moment will never be repeated. If AI removes blemishes from a face, it's still a photo of a face, and that face only existed that way in that moment.

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

#126

Post by layer8 »

tqi wrote: post #105
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…

> When an AI technology determines the expressive elements of its output, the generated material is not the product of human authorship "Expressive elements" is doing a lot of heavy lifting there. Is there a a point at which a prompt becomes sufficiently complex or detailed that it would quality?

Yes, the point at which the prompt, and not the AI, is found to determine a sufficiently substantial part of the expressive elements. From what I’ve seen it’s probably difficult to make a prompt that specific with the current models.

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

#127

Post by jay_kyburz »

sheepscreek wrote: post #114

It’s going to be insanely hard to copyright anything produced by AI. Especially now that generative models are widely available/in use. The possibility of multiple instances of the same output being produced (as a whole, or in parts) is high. All you have to do is set the temperature low and the generative models will start producing repeatable results. All of a sudden, copyrighting GitHub Copilot supported source co…

I like to watch people play with Midjourney in the public Discord channels, and I can only assume that if the AI generated an image for somebody, it could generate the same image for me.

(If the seed and prompt just happen to be exactly the same)

People using AI generated images are not going to be able to sue for copyright infringement because they can never be sure the AI didn't just generate the same image for somebody else. (and more importantly, whose image was generated first :))

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

#128

Post by greensoap »

basch wrote: post #109
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…

> But the technology will decide the rhyming pattern, the words in each line, and the structure of the text. What if I generate it 50 times and cobble together a final product from the variants, choosing which line and word and rhyme I like from each sample? Where is the line between LLM and thesaurus/dictionary? The comic book the office rejected seems to me to have crossed a line of significant human editorial disc…

Pretty sure the office said the arrange of the book was itself protectable but the individual images were not.

https://www.onmanorama.com/news/world/2023/02/23/comic-book-...

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

#129

Post by layer8 »

foota wrote: post #102
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…

What's the difference between this and a corporation owning the work of an employee?

The difference is that a human employee would normally own it, and only because the corporation pays the employee to do it does the ownership transfer to the corporation, whereas in the case of an AI there is no copyright to begin with, because it’s an AI and not a human that creates the work. This is because the existing law ties copyright to human creations exclusively.

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

#130

Post by jay_kyburz »

zoklet-enjoyer wrote: post #104

Ok, so I won't tell anyone what tools I used to make my art. Not a big deal.

The problem will come when somebody takes your art and starts selling it themselves. It will be down to you to prove you have a copyright.
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