Depending on the outcome of the NYT case, I.P. may in fact be the death of (profitable) AI. One problem with AI (vs e.g. Google search) is that there is no mechanism for attribution. So it is impossible for rights holders to understand whether their works are being monetised (unlike, say, Spotify). Should NYT win, then either AI services will have to pay into a (very large) common pot for rights holders, which likely…
> there is no mechanism for attribution. What if there was? What if I hand-painted an image (without AI) and God himself came down from heaven and explained to the world that my painting was derived 10% from my observations of the collected works of Lisa Frank, 3% from looking at Davinci paintings, and 87% a long tail of various sources. And then I sell my painting for $100. OK. Now what?
No, because copyright law says that if you hand-paint an image (without AI), then as long as the images isn’t deemed (by a court, if necessary) to be a derivative work, then you, and nobody else, own the copyright. The word of God is not necessarily considered by the law. And even if the court takes the word of God as gospel, a 10% derivative work might not exceed the necessary threshold of infringement.