A federal judge on Friday upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to protection.
“In March, the copyright office affirmed that most works generated by AI aren’t copyrightable but clarified that AI-assisted materials qualify for protection in certain instances. An application for a work created with the help of AI can support a copyright claim if a human “selected or arranged” it in a “sufficiently creative way that the resulting work constitutes an original work of authorship,” it said.”
Thaler was appealing this, and his appeal was denied.
The argument about a photograph being copyrightable, even if made by a machine, because a photographer has chosen pose, lighting, lens settings etc., becomes extremely elastic as AI outputs become more steerable: “put a lamp here, turn the light on, make it cosier” etc.
Is it actually the prompt-chain that is copyrightable?
It gets very confusing, very very fast.
Funny, because photography is actually the precedent on this. A monkey took a picture, it was not copyrightable.
I’d advise you to keep a record of your creative process here, because it may come down to how many prompts you used to steer it.
I didn’t read the article but does it say anything about detectability? If I claim I created it who can prove an AI did?
I didn’t read the article but
So I read the article and the lawsuit has nothing to do with my question. It’s more about precedent and actually finding out what the laws are if everything is as claimed.
Still think detectability is an interesting question.
What is there to prove that a piece of artwork was or wasn’t made by AI? Within a few years, it will be nigh impossible to tell when AI helped or wholly created a piece, and this will effectively stop no one. It’s a bandaid on a hemorrhage. It’s a very helpful bandaid, but by fuck can someone grab the sutures already?
What would the “sutures” be, in this analogy?
That’s a difficult question to answer and one that will inevitably piss off many. Mandatory detectability is the easiest answer, but the vaguest- ideally with information about used artworks. Severe fines for training on copyrighted works is another route. Vast and continued investment in creating a public domain art library to pull from would ease the issue for artists. I don’t use AI for art and I don’t legislate so I’m not the one to ask, all I can offer is bandaids as well.
Well, computer forensics IS a thing. Computers keep a record of everything done on them, and if it comes down to a lot of money at stake and a lawsuit then those computers can be looked at.
What, a full department equivalent to the IRS to constantly audit art and its process? That could work. It’d be pricy, but it could work.
It would create jobs.
