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US appeals court rules AI generated art cannot be copyrighted

reuters.com

441–450 of 562 posts

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

#443
post #410

Earlier quoted context omitted.

> When no one owns copyrights - everyone does. Both you and you custom have full rights to copy and distribute those parts of software as do everyone else, you just don't own exclusive rights (copyrights) to control whether and how anyone else can also copy those parts of software. Do you own copyright for number "10", does it mean you can't use it in your software. Yes. It can be an issue depending of the wording of…

> For example, if 'you' agreed to develop a piece of software 'exclusively' for the customer, and then use AI to create substantial parts of the software, then neither it was 'you' who developed that, nor was it 'exclusively' for the customer On the other hand, if ‘you’ had taken no action at all, then there would be no software at all. The actions by ‘you’ are necessary for the software to exist, so the argument mus…

> Is the definition of development written down anywhere?

I think it is, but I'm not a German lawyer, so I'll just link what I did in another comment - it revolves around the question who is the Geistiger Schöpfer (lit. spiritual creator) https://sta.dnb.de/doc/RDA-E-W135

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

#444
post #262

Earlier 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…

You better be willing to question whether photographs can be copyrightable at all, because they are all result of several mechanical systems not created by the camera operator. Just limiting yourself to only "digital computation" being magical enough to invalidate copyright is an arbitrary restriction. Unless you clarify why you think the computation performed by the lens system doesn't have that property, further di…

By that logic, paintings aren't copyrightable either because of all the chemistry involved in drying pigment.

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

#445

Earlier quoted context omitted.

What if Louis XVI ask Antoine Callet to use a lighter color for his skin? Does he own the Callet painting copyright? You can prompt whatever you want but won’t own the copyright. Photographer will choose himself if he follow or not your "prompt", what side and angle he tilt, the zoom, when to press the shutter…

What if I set a delay but it is not technically me who presses the key? Would that count because it was me who set the delay? What if I tell a friend to set the delay? All this is pretty much grey area anyways. Both sides have merit.

To me, it just shows how bogus the whole idea of copyright is.

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

#446
post #112

Earlier quoted context omitted.

Who owns the copyright when you ask someone to take a photo of you using your phone in a tourist location? According to Wikimedia's legal analysis, it depends.[0] Furthermore, authorship and copyright are distinct. [0] https://meta.wikimedia.org/wiki/Wikilegal/Authorship_and_Cop...

Who owns your photo of the moon after Samsung uses "SceneOptimizer" to AI fix it? https://www.reddit.com/r/Android/comments/11nzrb0/samsung_sp...

Burger King.

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

#447
post #378

Earlier quoted context omitted.

I believe the correct answer is “nobody deserves the copyright”. It’s a big fat myth that creatives would starve if copyright disappeared tomorrow. Think of all the countless hours society has wasted arguing about who owns creative expression. If we assign it to the public, we can move on and find better ways to keep creatives housed and fed.

Creatives absolutely would suffer if they lost copyright protection.

The person you're replying to explicitly stated that a different way to compensate creatives for their talents should be put in place in case copyright is eliminated.

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

#448

Earlier quoted context omitted.

well, you use a remote shutter release or a timer, and remove all ambiguity by removing the friend. there's a scene in one of those Matthew McConaughey romcoms where he plays a photog. The crew has a scene completely setup up and ready to go so that he just walks in, hits the shutter release one time, and then walks away with little care as job is done. He's now credited for that photo, yet did the least effort possi…

Then a machine took the photo and it can't be copyrighted, apparently. These rules are totally arbitrary.

All rules are totally arbitrary and commanded by those holding the power to their benefit.

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

#449
post #445

Earlier quoted context omitted.

What if I set a delay but it is not technically me who presses the key? Would that count because it was me who set the delay? What if I tell a friend to set the delay? All this is pretty much grey area anyways. Both sides have merit.

To me, it just shows how bogus the whole idea of copyright is.

Agreed.

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

#450
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…

> without human intervention There is human intervention though when I prompt the AI. Without me, the AI would not even have generated the photo in the first place.

IMO, the prompt is more clearly copyrightable than the output image... which is also the derived work of all the training data.
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