So OpenAI's ChatGPT output cannot be copyrighted and it's legal to distill it?
No, the court did not say that AI output cannot be copyrighted. They said that a machine cannot hold the copyright.
US appeals court rules AI generated art cannot be copyrighted
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Re: US appeals court rules AI generated art cannot be copyrighted
#162Earlier 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.
But the thing is that you don't need to take Nat Geo-level photographs to be considered the owner and sole creator of the photograph. I can pull out my phone right now and press one button - and I'll be the rightful owner of whatever comes out on the other end. The resulting photo will be produced because of settings that were set automatically (with no intervention or any required knowledge of what any of them do), and run through several image processing algorithms (that very few people understand or even give thought to). Point being - why is any near-zero interaction with a camera enough to be considered proper authorship, but every level of interaction with gAI never authorship, regardless of what is done?
Re: US appeals court rules AI generated art cannot be copyrighted
#163Earlier quoted context omitted.
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…
I would assume that whomever prompts the AI is the author of the work. Adobe or Dell doesn't get to claim ownership to your work just because they made the tool or computer.
If the output always changes for the same input prompt, did you really author anything?
Re: US appeals court rules AI generated art cannot be copyrighted
#164Earlier quoted context omitted.
If you pay someone to paint a picture, who owns the copyright? If you pay for an AI to paint a picture according to your specifications?
> If you pay someone to paint a picture, who owns the copyright? that depends on the terms of the deal. Some artists want to keep the copyright but will sell the work, while others are happy to sign their rights away for money. > If you pay for an AI to paint a picture according to your specifications? Copyrights are for humans, so if you pay an AI, because the AI isn't a human, it never had a copyright to sell you.…
Copyrights are owned by businesses all the time.
Re: US appeals court rules AI generated art cannot be copyrighted
#165Earlier quoted context omitted.
I would assume that whomever prompts the AI is the author of the work. Adobe or Dell doesn't get to claim ownership to your work just because they made the tool or computer.
That makes sense to me, and good point about Adobe/Dell. So then any AI would not create art spontaneously right? It would always require a user to prompt it in some way. So wouldn't it be correct to say that all AI art is actually be authored by a human and as such copyrighted to that human?
Copyright covers the prompt, it's not even clear why it should be relevant for the output of the AI software based on that prompt.
Re: US appeals court rules AI generated art cannot be copyrighted
#166Can someone just tell me: if I make an AI photo then do some tweaks in photoshop do I now have a copyright claim since I worked on this photo and it had no author?
If I use the AI photo as a reference to make a painting by hand it’s also my copyright since the original photo isn’t owned?
Re: US appeals court rules AI generated art cannot be copyrighted
#167So just don't tell anyone you used AI? How exactly are they going to prove it? And does this mean any works created with the assistance of graphics software, like Photoshop, are not copyrightable? What is the definition of AI here? They failed to define what AI means, which means that if there is no test, the ruling can't stand on its own.
The court didn't rule that AI generated art isn't eligible for copyright at all. They ruled that only humans may be assigned a copyright. If you are a human that uses AI as a tool to create something, the door is still open for you to claim copyright as a human.
The court is ruling that computers themselves don't have the human right to copyright. Not exactly surprising.
Re: US appeals court rules AI generated art cannot be copyrighted
#168Earlier 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…
> 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.
If I set up an entire scene with props and artwork for a photoshoot with a model, but I would like to actually be the model so I ask a friend to go behind the tripod and tap the shutter, the friend holds the copyright?
Re: US appeals court rules AI generated art cannot be copyrighted
#169So just don't tell anyone you used AI? How exactly are they going to prove it? And does this mean any works created with the assistance of graphics software, like Photoshop, are not copyrightable? What is the definition of AI here? They failed to define what AI means, which means that if there is no test, the ruling can't stand on its own.
The court didn't rule that AI generated art isn't eligible for copyright at all. They ruled that only humans may be assigned a copyright. If you are a human that uses AI as a tool to create something, the door is still open for you to claim copyright as a human. The court is ruling that computers themselves don't have the human right to copyright. Not exactly surprising.
> The court is ruling that computers don't have human rights.
No, it is just ruling that the Copyright Act requires human authorship. Whether computers have human rights is not an issue before the court.
Re: US appeals court rules AI generated art cannot be copyrighted
#170interesting, 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…