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In the US this question is fairly settled. The U.S. Copyright Office has already declared that if it's generated by a machine, without any creative input or in
by dwheeler 6y ago
In the US this question is fairly settled.
The U.S. Copyright Office has already declared that if it's generated by a machine, without any creative input or intervention from a human author, then the work is NOT eligible for copyright at all.
They believe that "The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879). Because copyright law is limited to “original intellectual conceptions of the author,” the Office will refuse to register a claim if it determines that a human being did not create the work. Burrow-Giles Lithographic Co. v. Sarony, 111 U.S. 53, 58 (1884). ... the Copyright Act protects “original works of authorship.” 17 U.S.C. § 102(a) (emphasis added). To qualify as a work of “authorship” a work must be created by a human being. See Burrow-Giles Lithographic Co., 111 U.S. at 58. Works that do not satisfy this requirement are not copyrightable. The Office will not register works produced by nature, animals, or plants.... Similarly, the Office will not register works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author."
I'm quoting chapter 300 here: <https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf> https://www.copyright.gov/comp3/chap300/ch300-copyrightable-... of the Compendium of U.S. Copyright Office Practices here <https://www.copyright.gov/comp3/> https://www.copyright.gov/comp3/>. The compendium is the "governing administrative manual for registrations and recordations issued by the U.S. Copyright Office." In short, for the US, this is an extremely authoritative source.
A future US court ruling or law change could change this, of course, but I sure wouldn't bet on it. The US Copyright Office has lawyers who specialize in this area, have clearly stated their position, and they are citing specific laws and court cases to justify their position. Also, in most cases you can't go forward with a copyright claim without registration (though you can register after-the-fact); if the US Copyright Office won't allow registration, you'll have a really challenging time even starting a court case.
I'm sure there are edge cases and complications. But the essence is only "unsettled" if you don't look for the existing rulings. A Google search will find actual answers from credible, authoritative sources. Sure, courts and Congress could change it, but it'd require a significant change.
While this information is specific to the U.S., copyright is similar enough in other jurisdictions that there's a decent chance that other jurisdictions would come to the same conclusion. European law in particular has a number of similarities in this area; I'd love to hear from those with more background in other jurisdictions.
Disclaimers: I am not a lawyer, and this is not legal advice.
- ddlutz 6y agoDoes tuning the hyperparameters for the IA count as creative input or human intervention?
- dwheeler 6y agoI don't know if hyperparameters count as being adequately creative, and perhaps that is unsettled. I suspect you would have to have an argument about how creative the process of tuning parameters is. It might be very fact-specific, IE perhaps some hyperparameters might count as creative and others might not. I realize that is not very satisfying. The US Copyright Office says: "The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine.” U.S. Copyright office, Report to the Librarian of Congress by the Register of Copyrights (1966)." While the dividing line is fuzzy, it is clear that as soon as you're claiming that the art was generated by AI, you are fighting an uphill battle to get a copyright registered. Again, I am not a lawyer.
- Thiez 6y agoI think it is perhaps interesting to compare to photography. There a human picks the initial parameters (position, angle, lens, time of day), presses a button, and then the camera (a device) does all the work. It is not controversial that photographers have a copyright on their work.
- dwheeler 6y agoYou're right, it is not controversial today that photographers have a copyright on their work. Which is why the monkey selfie is so important. In the monkey selfie case, a photographer did set up the equipment, which means that some of the parameters were indeed established by a human. However, the monkey actually created the picture, including the timing and body placement. The copyright office has determined that the work could not be copyrighted. Which leads to the conclusion that at least in some cases,a human doing some setup is not enough to grant a copyright.