this post was submitted on 19 Aug 2023
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[–] [email protected] 199 points 1 year ago* (last edited 1 year ago) (6 children)

Don't post the entire article in the OP, please. You'll end up getting C&D's sent to your instance admins if publishers keep seeing this, because it's - ironically enough in this context - copyright infringement.

Just post a snippet to stay within fair use. Don't ruin Lemmy for all of us over something so silly.

[–] ugjka 67 points 1 year ago
[–] dojan 43 points 1 year ago (7 children)

What if one feeds the entire article into an LLM and has that rephrase it? Is it derivative then?

[–] [email protected] 43 points 1 year ago (1 children)

Well you can’t copyright what the AI wrote

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[–] [email protected] 19 points 1 year ago (2 children)

Or, even better, use AI to generate a tldr.

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[–] [email protected] 78 points 1 year ago (1 children)

That's great! It means artists can continue to use AI art for projects they don't intend to sell, and Hollywood, which already has too much power, still relies on others.

[–] [email protected] 53 points 1 year ago (2 children)

Artists can still make money and copyright their stuff. You just can't use exclusively AI to create the images. Cleaning up an AI generated image count as artistic work. Color correct, add missing fingers, make the eyes point the same way, remove background monstrosities. It all adds up.

Unfortunately this also goes for Hollywood. They can generate the bulk of the work and have one guy do the editing and suddenly they own the edit.

The real losers in this are the people that generate images with no modifications and post it as is while pretending that they are doing art.

[–] [email protected] 13 points 1 year ago* (last edited 1 year ago) (6 children)

You are correct. Hollywood will simply change up a couple things and then use the assets.

However, I‘m still undecided about how I think about whether generating AI art should count as Human-generated or not. On one hand, people can spend hours if not days or week perfecting a prompt with different tools like ControlNet, different promptstyles and etc. On the other hand, somebody comes up to midjourney, asks for a picture of a dragon wearing a T-Shirt and immediately gets an image that looks pretty decent. It’s probably not exactly what they wanted, but close enough, right? AI gets you 90% there what you want, and the other 10% is the super-hard part that takes forever. Anyway, sorry for dumping my though process from this comment chain on here xD

[–] [email protected] 16 points 1 year ago (3 children)

Sorry, I am firmly in the camp where that isn't art. The prompt writing can be a literary work but the result isn't a work of art. You set up the environment that allowed the image to exist but you didnt make the image.

[–] elbarto777 18 points 1 year ago (1 children)

I remember this artist who used a jet engine to throw paint onto a big canvas. Was the resulting artwork made by the jet engine, based on what you're saying?

I'm not confrontational. I just like the discussion. This whole topic is, well, fascinating.

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[–] [email protected] 11 points 1 year ago (1 children)

But the treatment of photographs in the decision fits your description. The photographer sets up the environment that allowed the image to exist but it's the camera that makes the image. The judge held that was protectable because the image represents the human's mental conception of the scene. It's not a ridiculous stretch to consider AI to be merely a camera for the prompt-writer's mental conception. I am certain this argument has been or will be tried in court. The IP owner industry is far from done litigating this topic.

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[–] [email protected] 11 points 1 year ago (4 children)

That latter case likely wont be copyrightable, but the former can start to meet this criteria mentioned in the article:

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.

The way I read that, the more instruction you give to the composition of the image (ie, how detailed and descriptive you are with your prompt) the better claim you would have to copyrighting the resultant work.

I think the mistake lots of people are making is that all AI generated art is the same and should all be treated the same. Which is likely not going to be the case. And Copyright rulings are mostly done on a case by case bases, unless there is significant change this will likely still hold true and so one ruling on some AI generated art might not result in the same ruling for a different piece created in a different way with different effort.

What this case shot down is the claim that AI can claim copyright on a works as an AI is not human and copyright only applies to humans. Which is the same stance courts have tend before with content created by animals.

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[–] [email protected] 65 points 1 year ago* (last edited 1 year ago) (3 children)

It looks like the key in the ruling here was that the AI created the work without the participation of a human artist. Thaler tried to let his AI, "The Creativity Machine" register the copyright, and then claim that he owned it under the work for hire clause.

The case was ridiculous, to be honest. It was clearly designed as an attempt to give corporations building these AI's the copyrights to the work they generate from stealing the work of thousands of human artists. What's clever here is that they were also trying to sideline the human operators of AI prompts. If the AI, and not the human prompting it, owns the copyright, then the company that owns that AI owns the copyright - even if the human operator doesn't work for them.

You can see how open this interpretation would be to abuse by corporate owners of AI, and why Thaler brought the case, which was clearly designed to set a precedent that would allow any media company with an AI to cut out human content creators entirely.

The ruling is excellent, and I'm glad Judge Howell saw the nuances and the long term effects of her decision. I was particularly happy to see this part:

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.

This protects a wide swath of artists who are doing incredible AI assisted work, without granting media companies a stranglehold on the output of the new technology.

[–] [email protected] 17 points 1 year ago (2 children)

I wonder could you interpret this as AI created movie script isn't copyrightable but the actual filmed movie is. That would invite some weird competition, like we've seen over the years with the copycat movies.

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[–] randon31415 63 points 1 year ago (1 children)

Hope: AI gets so good that people using a personal computer can produce full TV series with a single prompt, delare it uncopyrightable, and share the best results online as a alternative to corporate stuff.

Fear: IP law becomes so disconnected from the current situation that it prompts governments start over from scratch. New IP law is written by the corporations for the corporations, and any form of creativity is restricted and monetized.

[–] afraid_of_zombies 14 points 1 year ago

It sorta already happens. No one owns the copywrite to vampires hence all the stuff that is only slightly above fanfics becoming big. You are welcome to hate on Twilight but you can't deny it's popularity.

[–] [email protected] 44 points 1 year ago* (last edited 1 year ago) (2 children)

couldn't help but lol at this quote:

US copyright law is designed to adapt to the times.

[–] scottywh 19 points 1 year ago

"To the times Disney pays people off enough..."

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[–] [email protected] 44 points 1 year ago* (last edited 1 year ago) (10 children)

This doesn't change much because of a simple difference: This was an AI product put in wholesale.

There was no human intervention in (visually) creating this product, thus no human can claim copyright.

Studios aren't gonna do this when replacing some of their writers, because AI may not be good enough yet. Instead, it'll be a smaller team, they'll do the edits, and they can claim copyright.

This only really matters If AI advances to the point where we can completely create a full movie or TV show from scratch with just purely prompting, which, currently, we can not.

[–] [email protected] 11 points 1 year ago* (last edited 1 year ago) (2 children)

A spoof of Seinfeld runs 24/7 from only AI input after the initial prompt. It is bad, but exists. Depending on your quality standards, we are there. https://en.m.wikipedia.org/wiki/Nothing,_Forever

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[–] CrayonRosary 38 points 1 year ago (12 children)

This doesn't mean artists or movie studios can't make AI creations and sell them. It just means they can't stop people from copying and distributing them.

If a well regarded artist uses generative AI to make art, then prints a single copy or a limited edition and signs them, they can sell them. Other people can copy it, but it won't be the same. They won't have the same value as the ones the artist produced, and they won't be signed.

[–] [email protected] 39 points 1 year ago* (last edited 1 year ago) (6 children)

The hollywood model is based on ownership of IP. Can you imagine if "Stranger things" was AI generated by Netflix, had a hit first season, then Disney released a second season with new actors? Meanwhile, CBS premieres "Stranger things : Miami?"

It would be a mess and put their entire business model into a tailspin.

This ruling may be the biggest bouy the writers have gotten so far in their strike.

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[–] [email protected] 13 points 1 year ago* (last edited 1 year ago)

I believe this is wrong. They can't copyright an AI-generated script, but the performance and film based on a script is copyrightable.

Think about this: can you copy and sell the Leonardo and Claire Danes Romeo and Juliet because Shakespeare's work is in the public domain? No. You cannot.

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[–] Zardoz 38 points 1 year ago (1 children)

Hollywood will just do what they always do. Pour billions more into lobbying the government until they pass something that will allow certain exemptions.

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[–] [email protected] 33 points 1 year ago (2 children)

seems a pretty easy solution here. just say you've written it.. no reliable software exists for proving text is AI generated.

[–] nucleative 30 points 1 year ago (2 children)

Doing that under oath is a crime, so those claiming copyright and their employees would be taking a lot of risk of eventually being discovered.

[–] [email protected] 26 points 1 year ago (2 children)

"Need to get away with murder? Easy! Just say 'it wasn't me, it must of been someone else who done it'. For bonus points, combine with a wink to the hot judge/juror of your choice."

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[–] [email protected] 33 points 1 year ago (16 children)

As a person who creates both visual arts and music, though admittedly for my own enjoyment alone, I can't bring myself to ever recognize any of the AI generated stuff as Art. None of it is any good if you look at it close. It's wrong in every way. The machines were supposed to come for our jobs, but that was supposed to mean factory production and construction and shit.

[–] demlet 25 points 1 year ago (9 children)

It's not about being technically good or not for me, it's a question of expression. A human can express internal thoughts and feelings. An AI, at least the ones we currently have, can only do an awkward imitation. There's no intention or awareness.

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[–] [email protected] 14 points 1 year ago

Unfortunately at worst the machine will only improve to the point where it is unnoticable.

Its a program designed exactly to be bullied into place by humans, were just only halfway through the bullying and still coorp's are pushing it like its done.

Eventually it'll have to be accepted as just another tool by artists.

That being said I support copyright less than I do "AI rights" so I'd say this is an overall win

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[–] [email protected] 29 points 1 year ago

You didn't create it so why the hell should you be able to copyright it?

[–] [email protected] 29 points 1 year ago* (last edited 1 year ago) (3 children)

Talk about an inaccurate headline. The conclusion here isn't that AI art can't be copyrighted, it's that AI cannot be a copyright holder. But it's AI, so we can't actually expect anyone to pull their head out of their ass and give it enough thought to write an article that isn't garbage.

Instead we have yet another thread about this case in which no one actually has any idea what the ruling was. Very informative.

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[–] [email protected] 24 points 1 year ago (1 children)

Interesting that he filed the original copyright application as a work for hire situation. I guarantee he didn’t pay AI anything .

[–] [email protected] 13 points 1 year ago

Yea, I spoke to Al. The dudes pissed, didn't get paid shit

[–] [email protected] 23 points 1 year ago (1 children)

This limitation is too easy to get around. Have AI generate a picture. Take a photo of that picture and destroy the original. Copyright is now owned by the photographer. Have an AI write some music, change one note of that music and call in your arrangement of that piece, destroy the original music, and only your arrangement that you have a copyright on exists. etc.

[–] [email protected] 20 points 1 year ago (4 children)

As a photographer that knows copyright law, I assure you flat-art copying a work of art does not make it yours.

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[–] [email protected] 20 points 1 year ago (1 children)

So, if I use AI, then tweak it in photoshop, is us human created and now able to be copyrighted?

[–] Zeth0s 30 points 1 year ago* (last edited 1 year ago)

Basically it's how already works with cameras. Subjects and composition are enough to copyright images. Even without post-processing

[–] Desistance 20 points 1 year ago

The Judge is right. AI is not a living citizen.

[–] [email protected] 15 points 1 year ago

This is the best summary I could come up with:


More than 100 days into the writers strike, fears have kept mounting over the possibility of studios deploying generative artificial intelligence to completely pen scripts.

The ruling was delivered in an order turning down Stephen Thaler’s bid challenging the government’s position refusing to register works made by AI.

Copyright law has “never stretched so far” to “protect works generated by new forms of technology operating absent any guiding human hand,” U.S. District Judge Beryl Howell found.

His complaint argued that the office’s refusal was “arbitrary, capricious, an abuse of discretion and not in accordance with the law” in violation of the Administrative Procedure Act, which provides for judicial review of agency actions.

While cameras generated a mechanical reproduction of a scene, she explained that it does so only after a human develops a “mental conception” of the photo, which is a product of decisions like where the subject stands, arrangements and lighting, among other choices.

In another case, the a federal appeals court said that a photo captured by a monkey can’t be granted a copyright since animals don’t qualify for protection, though the suit was decided on other grounds.


The original article contains 858 words, the summary contains 190 words. Saved 78%. I'm a bot and I'm open source!

[–] fne8w2ah 14 points 1 year ago
[–] MargotRobbie 11 points 1 year ago (9 children)

Well, of course not, because since some diffusion generation are deterministic, that would mean that a specific set of parameters is now copyrighted, so nobody else gets to type in that particular set of numbers into the UI without paying the copyright holder, which of course makes no sense.

Same reason you can't copyright, say, cooking recipe for a burger.

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