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Famous AI Artist Says He's Losing Millions from People Stealing His Work

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Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#4
Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable.

There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work.

We're so past the "prompting" phase: artists are building complicated workflows, manually drawing and sketching on diffusion canvases, and spending days precisely rendering the videos that they want. It's more like Photoshop combined with custom-built shader pipelines than Midjourney. Or a long virtual filming and editing process with deliberate intention.

You wouldn't call algorithmic manipulation by Photoshop non-copyrightable. If AI is just a "brush" employed by a human, and the human is doing a substantial amount of work, it shouldn't render the entire work uncopyrightable.

If you'd like to see what actual AI artists are doing, check these out to get started:

https://www.reddit.com/r/comfyui/

https://www.reddit.com/r/aivideo/

Here's something that was "prompted", but that took days of effort in pre-production, composing, and editing:

https://www.reddit.com/r/aivideo/comments/1ftvole/ouroboros_...

Here's something else that was built up from lots of node graphs and drawing and editing. This is a tremendously complicated work:

https://www.reddit.com/r/comfyui/comments/1fse25a/putting_th...

You can't possibly tell me that these are uncopyrightable.

And while you may or may not like these pieces yet, there is clearly something incredible is happening here. These are real artists. And as individual creators and small teams, they will soon be capable of taking on the likes of studios like Pixar without the millions of dollars of capital the big studios have employed.

Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#5
post #4

Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable. There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work. We're so past the…

Within the US' jurisdiction, the USPTO has ruled NO.

Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#6
post #4

Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable. There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work. We're so past the…

If that's the case then they are sampling previous artists and need to pay them.

You can't have your cake and eat it.

Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#7
post #4

Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable. There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work. We're so past the…

But the prompt should be copyrightable?

Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#8
post #4

Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable. There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work. We're so past the…

Within the US' jurisdiction, the USPTO has ruled NO .

Not really - they've ruled that the output of those flows may not be protected in some cases, but the actual node based comfy-ui flow is almost certainly something you can protect.

Further, the official guidance was delayed again until later this month, and is currently open for comments: https://www.federalregister.gov/documents/2024/09/17/2024-21...

Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#9
post #6
post #4

Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable. There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work. We're so past the…

If that's the case then they are sampling previous artists and need to pay them. You can't have your cake and eat it.

I don't necessarily disagree, but I don't necessarily agree either.

I think the most compelling reference work right now is probably a collage.

> a piece of art made by sticking various different materials such as photographs and pieces of paper or fabric on to a backing.

And the law there is actually pretty nuanced and tangled: A collage, while not a compilation, may be a collective or a derivative work. A collective work has copyright protection, but a derivative work does not.

So basically, given the current environment I think we're honing in on a super clear and very helpful "sometimes"...

Re: Famous AI Artist Says He's Losing Millions from People Stealing His Work

#10
post #7
post #4

Real AI artists are spending hundreds of hours and their human labor is absolutely copyrightable. There are three types of labor-intensive AI art: (1) ComfyUI node graph editing, (2) canvas-based compositions that use AI as a filter or brush, and (3) large multi-day compositions typically built for film and gaming. Sometimes all of these manual and laborious methodologies are employed for one work. We're so past the…

But the prompt should be copyrightable?

This stuff isn't really prompt oriented.
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