The interesting cases will be the ones where the boundaries of copyrightability for works where a human claims copyright for works created using AI-assistance are hammered out.
US appeals court rules AI generated art cannot be copyrighted
111–120 of 562 posts
Re: US appeals court rules AI generated art cannot be copyrighted
#112Earlier 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…
[0] https://meta.wikimedia.org/wiki/Wikilegal/Authorship_and_Cop...
Re: US appeals court rules AI generated art cannot be copyrighted
#113This is fantastic news. A unanimous decision, and the correct one in my view, means an appeal is fighting uphill.
A minor victory but I hope it sends a chilling effect through the growing industry of AI generated music - copyright runs that industry with an iron fist. I hate the RIAA with a passion. I have never signed away my rights to 6StringMercenary and I reap the minor rewards. 10k Spotify streams is a small number for income purposes, but that’s because the RIAA and Spotify colluded to give independent artists a fraction of the revenue to split among themselves.
What a good, solid ruling for the protection of an already exploited class.
Re: US appeals court rules AI generated art cannot be copyrighted
#114Earlier quoted context omitted.
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 pla…
Do you, in the first scenario? I'm still not sure that you would.
Re: US appeals court rules AI generated art cannot be copyrighted
#115Earlier 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…
If you pay for an AI to paint a picture according to your specifications?
Re: US appeals court rules AI generated art cannot be copyrighted
#116This 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…
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…
The DMCA doesn't support artists and creators even indirectly; it empowers those least deserving and most ruthless to steal the profit, pat themselves on the back, and moralize about "following the law" to everyone else.
Copyright should be implicit and ironclad for 5 years. After that, 99.999% of sales have been made, whether your material is digital or otherwise. From 5 to 20 years, you should retain right to profits from the sale of any copy, but it should be 100% legal to copy, distribute, archive, remix, or whatever else you want with it so long as you aren't trying to sell it. After 20 years, public domain, no exceptions, no carveouts for family, friends, crafty lawyers, important politicians, or anyone else. No grandfathering, no special rules for special people.
Things made with AI should be protected by copyright, with the rights held by the user of the tool that generated the image. Like any other digital art.
There are machines that can paint your Dall-E renaissance creation onto a canvas with the style of your favorite master. The tools we have at hand have empowered us to rapidly and easily explore a vast domain of images, videos, music, voices, creative writing, and to do research and technical projects and write code in ways that were unthinkable 10 years ago.
These judges and lawyers think it's ok for them to rule on things without having the slightest clue as to the operation, function, and consequences of the technology - this ruling does nothing except to reinforce the status quo and empower the entrenched rights holders - the massive corporations, platforms, "studios", agents, and miscellaneous other gaggles of lawyers who trade in rights to media, but produce nothing of value in themselves.
Imagine a world in which content creators got paid a fair return relative to the revenue generated by their work, in which platforms and interlopers were limited to something like 5% of the total generated profit per work, after cost (to the creator). There'd be no incentive for bullshit rulings like this, with no angry mobs of litigious bastards with nothing better to do than sue for tampering with their racket. I cannot possibly see any other path to this ruling than this; else this judge is fortunate beyond words that his community has so uplifted the mentally deficient among them.
Re: US appeals court rules AI generated art cannot be copyrighted
#117Earlier 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…
I see this as "That thing which doesn't work is currently not working. Again." The DMCA and copyright laws and regulations in the US are predatory nonsense, carefully crafted by lawyers in order to exploit the maximum amount of cash possible from people who actually do produce things. The DMCA doesn't support artists and creators even indirectly; it empowers those least deserving and most ruthless to steal the profit…
I would agree for carefully crafted outputs where the human had a major contribution. But if I just generate a million texts or images with my model, that should not fly.
Re: US appeals court rules AI generated art cannot be copyrighted
#118This 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…
There will be a time when shutting down an AI is murder and I don’t think we are equipped for that question or answer yet.
Re: US appeals court rules AI generated art cannot be copyrighted
#119This 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…
Wait just so i understand it, if a single human creates an AI model and trains it, and then prompts it to create an image, is that considered "human intervention" and does that make that human the author of that image? What if its a group of 5 humans that built the LLM and one of them prompts it? Isn't all AI built by some of group of humans? When is AI treated like its own entity like a monkey versus a tool made by…
No, you misunderstand. The human involved is explicitly claiming the work was entirely AI authored, and that it should be given a copyright registration with the AI as the author.
The human is not claiming that they should get a copyright as the author for the reasons you describe. Had the human claimed authorship, the results of the case might have been very different. This case seems to have been engineered to lose for publicity, rather than being a serious attempt to secure copyright on the work.
Re: US appeals court rules AI generated art cannot be copyrighted
#120Earlier 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?
Irving Penn: What typewriter do you use?