US appeals court rules AI generated art cannot be copyrighted

Post by robertlagrant » Tue, Mar 18, 2025, 7:35 PM UTC

mikehearn wrote: post #43

wildzzz wrote: 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…

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…

Post by radlad » Tue, Mar 18, 2025, 7:36 PM UTC

quadragenarian wrote: post #31

wildzzz wrote: 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…

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…

Post by jachee » Tue, Mar 18, 2025, 7:37 PM UTC

jedberg wrote: post #33

I'm not sure how this actually matters. Knowing this ruling exists, why would anyone ever claim an AI created their art without human assistance? Even if the AI created the art just from the prompt, the human still made the prompt. Even if the prompt was "make art". I just don't understand how you could ever have AI art without human intervention. Is there a legal definition of "human intervention" that has some mini…

Post by blorkusmelorkus » Tue, Mar 18, 2025, 7:38 PM UTC

connicpu wrote: post #69

bilbo0s wrote: 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…

Unless you can make your prompt so specific that the AI generates substantially the same image every time you run it, I think you're perpetually vulnerable to the argument that significant decision making was done without human hands and therefore the work is not primarily human created.

Post by alistairSH » Tue, Mar 18, 2025, 7:39 PM UTC