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US appeals court rules AI generated art cannot be copyrighted

reuters.com

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Re: US appeals court rules AI generated art cannot be copyrighted

#101
post #70

Earlier quoted context omitted.

Try taking photographs like the ones you see in Nat Geo, or museum exhibits, and you'll quickly realize the camera is most definitely NOT doing all the work.

If you buy an expensive camera with expensive lenses, you will be able to take such photos, won't you?

Only if you get into the right place at the right time and use your tools well...

Re: US appeals court rules AI generated art cannot be copyrighted

#102
post #26
post #6

interesting, i bet AI assisted art is copyrightable though (i.e. have AI do the "boring" parts and have the human do the interesting parts) here's one way I think that could be helpful. I read an interview with the final fantasy 6 director where he said doing a final fantasy 6 remake would probably take 20 years because the amount of content (and various art decisions) would take so much longer to make under today's…

I'm guessing it's something like 80% of the tasks only take 20% of the time. I'm sure AI generated textures could speed some of the development work up but I'm sure the majority of the work would still involve the small adjustments and tuning of the models. AI gets the gist right but the devil is in the details so designers may end up spending more time fixing what's wrong versus just doing it the traditional way.

Maybe it would be more useful in adding a different kind variation to proceduraly generated content, but on the other hand, when you don't precisely know what you're going to get, it's hard to reason about how it will be used.

i could kind of see some potential in something like based on the different kinds of choices a player makes in the game, it could generate different portraits or character designs, but you can also do that with a large library of human art or with art with modular pieces.

the thing AI can do is create something custom and individualized for a player, but on the other hand, by being too personalized, you destroy commonalities in the game that people can appreciate together.

Re: US appeals court rules AI generated art cannot be copyrighted

#103
post #50

Earlier quoted context omitted.

Can they still try the Corporations Are People angle?

In what way do you think corporate personhood is relevant here?

Obviously corporations are a legal fiction and not biological human entities with inherent intelligence and agency.

They are tools to enable the wills of specific human beings, so the comparison seems fair?

Re: US appeals court rules AI generated art cannot be copyrighted

#104
This is old news. The copyright office already ruled that AI generative outputs are not copyrightable in January [1].

I think many have not understood the implications of the CO ruling. This means anything you build with llms you don't own. Your company doesn't own. If your using copilot and you have a copyright notice at the top of your source file if that ever goes to court you will learn that copyright is not valid. You cant even put an open source license on the output, like the GPL, because...drumroll...you don't own the copyright.

[1] https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

Re: US appeals court rules AI generated art cannot be copyrighted

#105
post #70
post #65

Earlier quoted context omitted.

Couldn't the same argument be made for photography? You aren't making the image, the camera is doing all the work.

Try taking photographs like the ones you see in Nat Geo, or museum exhibits, and you'll quickly realize the camera is most definitely NOT doing all the work.

The camera is doing the work of recording the image, although certainly the human operator is doing the work of composition, lighting, etc. The fact remains, no matter how much human work goes into every other aspect of producing the photograph, the camera is the object that is capturing the image.

Edit: not to say that I think this is a relevant factor! No more than the computer recording the keys you type or producing the physical printed page should be relevant for a book's copyright.

Re: US appeals court rules AI generated art cannot be copyrighted

#106
No one wants AI or AI companies to get credit for AI generated art. That would be like giving the camera company a share of movie royalties. The AI is a tool to aid in artistic output. Even if someone does nothing more than write the prompt and then stick their name at the top, they wrote the prompt, which is a creative act, and so under current copyright logic they deserve credit for profits associated with the work.

Re: US appeals court rules AI generated art cannot be copyrighted

#107
post #70

Earlier quoted context omitted.

Try taking photographs like the ones you see in Nat Geo, or museum exhibits, and you'll quickly realize the camera is most definitely NOT doing all the work.

The camera is doing the work of recording the image, although certainly the human operator is doing the work of composition, lighting, etc. The fact remains, no matter how much human work goes into every other aspect of producing the photograph, the camera is the object that is capturing the image. Edit: not to say that I think this is a relevant factor! No more than the computer recording the keys you type or produc…

Right. It's not doing "all the work" as the parent said. (Not to mention the editing process that comes afterwards!) Indeed, some photographers distinguish the two as "taking" a photograph versus "making" a photograph.

Re: US appeals court rules AI generated art cannot be copyrighted

#108
post #61
post #57

Earlier quoted context omitted.

Pretty sure this wouldn't pass the merit part unless the prompt was unusually long and precise. the human still made the prompt What I can guarantee, is that series of prompts itself would be copyright-able. (The series of prompts that ultimately created the image.) No matter how little they may weigh any one of those prompts in isolation. That is, assuming the EULA of the LLM doesn't require you to essentially place…

> What I can guarantee, is that the prompt itself would be copyright-able. That's non-obvious to me. Even if the prompt is extremely long and precise, if it is somehow purely functional, it seems possible for it to not be (although in practice, I agree that most prompts could be).

It is basically pseudo-code, and should have the same copyright as other code if it is sufficiently complex to pass the typical test for copyright. One might think code should not have copyright, but that is a different conversation.

Re: US appeals court rules AI generated art cannot be copyrighted

#109
post #21

This is pretty much the exact same case as the monkey that took a photo. The photo is now in the public domain as the monkey cannot be an author of the photo and since the photographer didn't take the photo, neither is he the author. The US Copyright Office clarified that "only works created by a human can be copyrighted under United States law, which excludes photographs and artwork created by animals or by machines…

WRONG. The owner of the camera successfully litigated and is the copyright owner of the work! I’m not kidding about this, and for all the grief I get about being a critic of blase attitudes regarding US copyright around tech circles I’m still a huge advocate for reform.

This is very not like the monkey case, and AI firms should be grateful. Why? If this was a similar logic tree, the owners of the copyrighted material used in training would have ownership of any work produced by an AI system. As in, everything output is a “derivative work” in the eyes of the law. More cases are necessary and this is a fascinating battle to come.

https://en.m.wikipedia.org/wiki/Monkey_selfie_copyright_disp...

Re: US appeals court rules AI generated art cannot be copyrighted

#110

Earlier quoted context omitted.

I still can't believe the guy went to Indonesia, went into the monkeys' habitat, gained their trust, set up the camera on a tripod in a way the monkeys would have access to it, adjusted the focus/exposure to capture a facial close-up -- basically engineered the entire situation specifically for that outcome, and simply because he didn't physically hit the shutter he lost credit for the photo. Meanwhile I can open my…

It's not difficult to understand. Replace the monkey with a 2nd human, and it's obvious that "the guy" does not earn the copyright, it goes to the person who took the photo. If there was no person, then there is no copyright. The AI thing is no different. If I ask my human friend, "please paint a picture using your vast knowledge and experience", then my friend gets the copyright. Replace friend with AI; there is no…

Is this scenario correct:

If you stick a 360 camera on the outside of someone's car and hit record, and they drive around unaware (but with an earlier agreement that it is ok to mess with their property), you get the copyright. If you stick a 360 camera outside of someone's backpack and hit record and they walk around unaware they get the copyright to the footage as the cameraman.

Assume an earlier agreement that placing/activating video cameras like this at some future time would be ok but no agreement on who would be the author and no copyright transfer agreements.

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