Good luck, buddy. AI output has already been ruled not copyrightable. As it should be.
this post was submitted on 29 Sep 2024
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Copyright and patent laws should die altogether.
its debatable who the artist is, however, because if you remove the ai from the picture he could never have made this, and if you remove the training data the results would also be different.
Realistically: everyone whose data this was trained on should be included as authors if its not just public domain
There were similar debates about photographs and copyright. It was decided photographs can be copyrighted even though the camera does most of the work.
Even when you have copyright on something you don't have protection from fair use. Creativity and being transformative are the two biggest things that give a work greater copyright protection from fair use. They at are also what can give you the greatest protection when claiming fair use.
See the Obama hope poster vs the photograph it was based on. It's to bad they came to an settlement on that one. I'd have loved to see the courts decision.
As far as training data that is clearly a question of fair use. There are a ton of lawsuits about this right now so we will start to see how the courts decide things in the coming years.
I think what is clear is some amount of training and the resulting models fall under fair use. There is also some level of training that probably exceeds fair use.
To determine fair use 4 things are considered. https://www.copyright.gov/fair-use/
1 Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes.
This is going to vary a lot from training model to training model.
Nature of the copyrighted work.
Creative works have more protection. So training on a data set of a broad set of photographs is more likely to be fair use than training on a collection of paintings. Factual information is completly protected.
-> Amount and substantiality of the portion used in relation to the copyrighted work as a whole.
I think ai training is safe here. Once trained the ai data set usually doesn't contain the copyrighted works or reproduce them.
Effect of the use upon the potential market for or value of the copyrighted work.
Here is where ai training presumably has the weakest fair use argument.
Courts have to look at all 4 factors and decide on the balance between them. It's going to take years for this to be decided.
Even without ai there are still lots of questions about what is and isn't fair use.
Hmmm. This comment made me realize that these ai images have something in common with collages. If I make a collage, do I have to include all the magazine publishers I used as authors?
Not defending the AI art here. Imo, with image generating models the mechanisms of creation are so far removed from the "artist" prompter that I don't see it any differently than somebody paying an actual artist to paint something with a particular description of what to paint. I guess that could still make them something like a director if they're involved enough? Which is still an artist?
I dunno. I have my opinions on this in a "I know it when I see it" kind of way, but it frustrates me that there isn't an airtight definition of art or artist. All of this is really subjective
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everyone whose data this was trained on should be included as authors if its not just public domain
Weird how we make this rule only apply to computers.
I doubt any human artist would make the exact same works as they have if they were not influenced by the art that they were.
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You have to be the creator of the work in order to copyright it. He didn't create the work. If the wind organized the leaves into a beautiful pattern, he couldn't copyright the leaves either.
Weirdly enough the monkey selfie probably establishes some precedence here, https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute
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You could copyright a photograph of that leaf pattern though, couldn’t you?
but its just a photocopy of the leaves, not the actual leaves. And to photograph something, you capture it according to your will. What will be the light situation, from which angle, at what focal length,... so many options.
This is getting weird.
If I would generate an image with an AI and then take a photo of it, I could copyright the photo, even if the underlying art is not copyrightable, just like the leaves?
So, in an hypothetical way, I could hold a copyright on the photo of the image, but not on the image itself.
So if someone would find the model, seed, inference engine and prompt they could theoretically redo the image and use it, but until then they would be unable to use my photo for it?
So I would have a copyright to it through obscurity, trying to make it unfeasible to replicate?
This does sound bananas, which - to be fair - is pretty in line with my general impression of copyright laws.
Copyright covers your creative expression.
For example, you draw a superhero named "LemmyMan" and post it online. All of your creative choices are protected. If someone made another LemmyMan with a different caption, they would be violating your copyright because you created everything about LemmyMan, not just the caption in your drawing.
Now suppose you take a photo of Mount Everest. Mount Everest is not your creation, but the choices of lighting, foreground, and perspective are. Someone could not copy your exact photo, but they could take a different photo of Mount Everest making different creative choices.
The same is true of taking a photo of work in the public domain, like the Mona Lisa. If you make no creative addition to the Mona Lisa in your photo, then you have no copyright at all. If you put some creativity into your photo, like some interesting lighting, then those creative elements are protected. But anyone else could still take a photo of the Mona Lisa with different lighting, the subject itself is not under copyright.
Now suppose you tell an AI, "Draw me a superhero", and it outputs ChatMan. If you make no further creative additions, then you have no copyright at all. But suppose you add a caption to it. Then the caption is your creative expression, so that is protected. But the rest of ChatMan is not, it's in the public domain just like the Mona Lisa. Anyone else can make their own version of ChatMan that's exactly the same minus your caption, because the underlying subject is not protected.
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He did not make it. He essentially commissioned a machine to create an image for him using millions of pieces of art that were stolen from artists. It's no different from commissioning an artist to draw something for you, except the artist turns out to be someone who traces bits of other people's art, or copy and pastes it, and then you attempt to take credit for it instead by claiming that you made it. I predict that this lawsuit is not going anywhere as he does not have a proverbial leg to stand on.
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""my work""
AI Prompt User is complaining people stealing their artwork? Well that's new.
The copyright office's policy isn't perfect, but denying copyright to AI slop is probably the best we can expect from the system as it currently exists.
Besides I'm pretty sure you can still use AI in the production of an image and still claim copyright on the final image, just not any of the raw generations.
This is correct. If a painter uses AI to generate a concept and composition, then does a classical oil painting of it on canvass they can claim right to the image of the oil painting.
It's no different than an artist painting a public park or forest. They can't copyright that location, but they can copyright the painting of that location.
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Super interesting. The guy claims is wasn't just ai, that he performed alterations as well. If that's true but he still gets shot down it might pave the way for AI being much more shunned in the world out of IP concerns on the output side rather than the training data.
You can't copyright that music, game, book, screenplay or video because AI made some contribution.
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Oh gee so scammers aren’t getting protection for lying? Dang what a cruel world poor him…
/s
That douche punched a sentence into a computer and thinks he’s an artist? My god what have we become.
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because it was an expression of his creativity.
yeaaaah no chief, that ain't it.
Womp womp
boo fucking hoo. If you want to copyright your painting, learn to fucking paint.
It also sucks and is just another shitty AI generated image full of weird nonsense.
Just because he duped a bunch of idiot judges doesn't mean his art or his arguments have any merit.
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The problem is "intellectual property" and capitalism more generally. As technology makes art harder to define and control, the absurdity of violently controlling art will hopefully collapse along with capitalism in general.
Intellectual property as a concept is incompatible with the continued advancement of human knowledge. Before copyright and patenting, we still had trade secrets and sensitive information, and those things cost us insights into metalworking we are still slowly recovering to this day. We still can't figure out how Roman's stumbled upon some of their glass blowing breakthroughs, and we just recently figured out Roman concrete.
Capitalism didn't invent greet, but it's certainly allowed greed to flourish as a core precept of its design.
Ah, I remember this image. It received some kind of award or something and created a stir when it was revealed to be AI gen. I can see why that would be incentive to want copyright.
I play with AI image generation all the time. No way do I see that as my work, there’s no skill other than positive and negative prompts, maybe feeding it a a starter image set or something.
Where it might be more concerning is if you use AI gen to create an 2D example of something, then an artist creates a 3D physical representation of the thing. Who owns it? AI famously is not good at creating “whole” things, but one can certainly interpret that image to make a whole of it.
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“put me in a terrible position, with no recourse against others who are blatantly and repeatedly stealing my work.”
This is an Onion article, right? No one can be this deliberately and hilariously ironically. Fuck AI, and fuck these techbros.
This is stupid and I hope he gets his butt handed to him, but:
A federal judge agreed with the Office and contrasted AI images to photography, which also uses a processor to capture images, but it is the human that decides on the elements of the picture, unlike AI imagery where the computer decides on the picture elements.
Journey outside the world of API models (like Midjourney) and you can use imagegen tools where " the human that decides on the elements of the picture"
It can be anything from area prompting (kinda drawing bounding boxes where you want things to go) to controlnet/ipadapter models using some other image as reference, to the "creator" making a sketch and the AI "coloring it in" or fleshing it out, to an artist making a worthy standalone painting and letting the AI "touch it up" or change the style (for instance, to turn a digital painting or a pencil sketch to something resembling a physical painting, watercolor, whatever).
The later is already done in photoshop (just not as well) and is generally not placed into the AI bin.
In other words, this argument isn't going to hold up, as the line is very blurry. Legislators and courts are going to have to come up with something more solid.
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The philosophical depth of so many comment threads on this post kind of highlights the issue with AI and intellectual property rights.
By definition, AI leverages existing work, crucially in a way that usually does not credit or benefit the original creator.
If I took two images from random creators, cut one out, and pasted it onto the other: have I created a new work? Is it a copyrightable work? (I genuinely don't know the answer to that).
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