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AI-Created Art Isn’t Copyrightable, Judge Says In Ruling That Could Give Hollywood Studios Pause
(www.hollywoodreporter.com)
this post was submitted on 19 Aug 2023
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Technology
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So, as someone who doesn't do visual art, mainly writing and music as hobbies, my opinion is if there is intent, ie from the prompt or there editorial process of tweaking the model, then there is at last an attempt by a human to convey a message through the piece.
Whether or not it has good composition, or achieves something that resonates with a human viewer is valid criticism, but I think irrelevant as to whether or not it is art or a piece of creative expression. If someone has bad technique and can't really get their idea across well in a painting, is it no longer art? Is a painting made during a paint and sip where you're coached through the painting not art because there is no intent? These are more to gauge what you mean by art than as gotcha questions.
I would disagree that a prompt is sufficient to express human intent, specifically in writing. How many stories can you list that don't follow the heroes journey vs the ones that do? The most important part of any writing is not the setting and overarching narrative, it's the small choices the author made all along the way that make it truly human. AI can parrot those choices, but a human can't get an AI to make truly new unique decisions with any amount of prompting.
On the subject of tweaking the model, that's not really how AI models work. Users don't edit the model and keep the prompt the same to try to get different outputs. The only interface exposed to users is the input.
Author can define those small choices as part of the prompt.
I'm talking about how the story is written. You literally can't define all of those choices in a prompt, it's a continuous series of many many choices all throughout the story
Many/most of those small choices have no artistic value - it doesn't matter if you choose to use "because" or "since" for example.
Providing critical artistic choices while letting AI to make the rest of simple dumb choices (like the example above) is IMHO still creating art.