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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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It's a bit of a flawed comparison (AI vs a hammer) - but let me try.
If you put a single nail into wood with a hammer, which anyone with a hammer can also do, and even a hammer swinging machine could do without human input, you can't protect it.
If you put nails into wood with the hammer so that it shows a face, you can protect it. But you would still not be protecting the process of the single nail (even though the nail face is made up of repeating that process many times), you would specifically be protecting the identity of the face made of nails as your human artistic expression.
To bring it back to AI, if the AI can do it without sufficient input from a human author (eg. only a simple prompt, no post processing, no compositing, etc) it's likely not going to be protectable, since anyone can take the same AI model, use the same prompt, and get the same or very similar result as you did (which would be the equivalent of putting a single nail into the wood).
Take the output, modify it, refine it, composite it, and you're creating the hammer equivalent of a nail face. The end result was only possible because of your human input, and that means it can be protected.