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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
#352Re: US appeals court rules AI generated art cannot be copyrighted
#353Earlier quoted context omitted.
Not really, thats covered well by: "There may come a time when prompts can sufficiently control expressive elements in AI-generated outputs to reflect human authorship. If further advances in technology provide users with increased control over those expressive elements, a different conclusion may be called for" Because any "advancement" in this space is predicated on getting tighter control over the requested outcom…
The "but" is literally in response to what you quoted. For example if I code an entire application in c by myself without ai then told ai to redo the whole thing in rust I would retain copyright. If you just prompt the same application from scratch and accept by in large the outputs. No copyrighht. This is how the vast majority are using it to create new systems not using it as a tool to enhance majority human genera…
>This is how the vast majority are using it
[Citation Required]
Largely covered by the other quotes. I think it would be quite difficult to create a product worth protecting using "prompts alone".
No debugging? No editing? Who put the graphics on it? Who built the database and schema?
The co-author/co-editing approach is already blessed in the document linked earlier. Code is already subject to some of the best co-editing tools in the ecosystem. Even if someone manages to avoid co-editing tools, launch a product having used "prompts alone" and monetise it, how are you going to prove that they didn't take the co-editing approach to development? And how are you planning to challenge their claimed copyright? Why would you challenge their claimed copyright instead of just generating it yourself?
I could conceive of some kind of anti copyleft organization that dedicates itself to challenging every unskilled software development firm, using the discovery phase to pull records of what tools were used. But who would fund such a witch-hunt?
Or maybe every time some firm tries to assert their copyright, we will see lawyers hit back with "Prove you coded this and didnt generate it wholecloth via LLM" clogging up the courts for decades.
>The more it creates from pure prompts the lesser chance you have to claim copyright.
Yeah but unlike image generators and media articles its going to be a lot tougher to prove.
NovelAI has a feature where it does text highlighting based on:
"User wrote this" "User edited this" "Generated"
It sets this on a per sentence basis.
I have wondered for a long time whether this will become mandatory in some jurisdictions. But even then, if you copy the text, and paste it in a new window, bam its all considered user generated again.
Re: US appeals court rules AI generated art cannot be copyrighted
#354Earlier quoted context omitted.
You don't need an AI assigned copyright to do that. Companies have humans at them too.
Well you do if someone rejects a copyright claim on the grounds that the image is AI-generated, and a court backs them up.
The court did not say AI generated images are not eligible for copyright. They said machines cannot be assigned copyrights. That’s because only humans are eligible.
If you are a human who creatively uses a tool to generate something, you’d get copyright protection.
Re: US appeals court rules AI generated art cannot be copyrighted
#355Earlier quoted context omitted.
As I understand that is a misunderstanding of the case. They argued that the animal should get the copyright, and lost, because animals do not qualify. They did not establish that pressing the button is required for the human to qualify for copyright. They established that a monkey pressing the button doesn't qualify the monkey. (because the monkey never qualifies) If they would have argued that the human should have…
https://www.copyright.gov/comp3/docs/compendium-12-22-14.pdf Section 313.2 The copyright office said that photographs taken by monkeys nor murals painted by elephants are works that may be copyrighted. This is based on Burrow-Giles Lithography vs Sarony ( https://www.law.cornell.edu/supremecourt/text/111/53 ) The issue is that the photographer / owner of the camera didn't exercise any creative control over the photog…
Right, it hinges on the creativity of the human author. And there’s a lot more to creativity of photography than simply pushing a button.
Obviously, routine and ordinary photographs taken by a photographer on a timer are not disqualified just because a machine pushed the button.
I am not saying that anything with a monkey qualifies, my point is that the involvement of a monkey is not disqualifying.
Re: US appeals court rules AI generated art cannot be copyrighted
#356Earlier quoted context omitted.
Oof, this gets into all sorts of weird legal grey areas. - All of our phones do a bunch of computational photography where AI tooling improves a photo in various ways. In that case, is any photo taken by a modern phone not copyrightable? - If it is copyrightable, what if someone uses an Img2Img tool or inpainting with something like Stable Diffusion (or Photoshop) in order to slightly modify an image. Is that no long…
In short, in situation 1 there is no issue. In situation 2, if the original image can be copyrighted, AI tooling to augment the image doesn’t prevent copyright. The copyright offices guidance on the subject is a worthwhile read, since they detail out the difference between using AI as a tool to modify human authorship, vs the AI taking minimal input alone and generating a resulting image.
What if the ai augments the shutter timing because you were shaking? The ai monkey pressed the shutter so no copyright I guess? Pretty sure several apps do this on night photo mode.
Re: US appeals court rules AI generated art cannot be copyrighted
#357Earlier 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…
It's clear "the guy" did the majority of the creative work, so whilst it's "not difficult to understand" the law, it is a nuanced situation. Pretending it is not because of the letter of the law is just sidestepping the conversation we are trying to have.
Re: US appeals court rules AI generated art cannot be copyrighted
#358Re: US appeals court rules AI generated art cannot be copyrighted
#359This 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…
If only he had wired up the shutter to an AND gate, one for the monkey and one for him.
Since the monkey can't contribute he'd be the sole owner for holding down half of the button.
Re: US appeals court rules AI generated art cannot be copyrighted
#360I think the headline is overly broad, especially considering: > As a matter of statutory law, the Copyright Act requires all work to be authored in the first instance by a human being. Dr. Thaler’s copyright registration application listed the Creativity Machine as the work’s sole author, even though the Creativity Machine is not a human being. As a result, the Copyright Office appropriately denied Dr. Thaler’s appli…
Just zooming in on txt2img, an AI generated image is:
- The text prompt
- The negative prompt
- The model
- The model seed
- Any LoRAs selected
What about this is copyrightable? The specific text used in the prompt? This would mean I could copyright "man holding apple".
Maybe the summation of all of the above? But that would be akin to copyrighting a specific Adobe Photoshop workflow.