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Remember, these are all public domain, at least in the USA which does not allow copyright assignments to the artistic output of machines.

robbedpeter 5y ago
No, they're copyrighted by OpenAI. Copyright has to be assigned to a human or company owned by humans. The recent kerfuffle over copyright was a dumbass trying to legitimize copyright assignment to the software itself. Copyright with dall-e is just like copyright with photoshop or any other software. The user of the tool owns the output. Subject to whatever other limitations and requirements OpenAI wants.
- jazzyjackson 5y ago
  (c) Copyright. OpenAI will not assert copyright over Content generated by the API for you or your end users. https://openai.com/api/policies/terms/ https://openai.com/api/policies/terms/ Notice this doesn't imply they possess any copyright in the first place - just that they won't make an issue of it. Copyright in USA is automatic for the author, I think whether the user of software is the author of an AI's work is yet to be established in the courts, but its pretty clear the creator of the software doesn't own its output. The dumbass you refer to was testing patent law by trying to register his software as the inventor but the copyright case is different: > the office’s 2019 ruling [...] found his A.I.-created image “lacks the human authorship necessary to support a copyright claim.” > Thaler noted to the [US Copyright Office] he was “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.” https://www.smithsonianmag.com/smart-news/us-copyright-office-rules-ai-art-cant-be-copyrighted-180979808/ https://www.smithsonianmag.com/smart-news/us-copyright-offic...
gwern 5y ago
The USA requires _de minimis_ human contribution; the prompts here definitely qualify as human choice, he's not simply sampling random images, but exercising quite a bit of choice and creativity as he learns to prompt-engineer for DALL-E 2 and also selects, and so there is a copyright to be had.

robbedpeter 5y ago

No, they're copyrighted by OpenAI. Copyright has to be assigned to a human or company owned by humans. The recent kerfuffle over copyright was a dumbass trying to legitimize copyright assignment to the software itself. Copyright with dall-e is just like copyright with photoshop or any other software. The user of the tool owns the output. Subject to whatever other limitations and requirements OpenAI wants.

jazzyjackson 5y ago
(c) Copyright. OpenAI will not assert copyright over Content generated by the API for you or your end users. https://openai.com/api/policies/terms/ https://openai.com/api/policies/terms/ Notice this doesn't imply they possess any copyright in the first place - just that they won't make an issue of it. Copyright in USA is automatic for the author, I think whether the user of software is the author of an AI's work is yet to be established in the courts, but its pretty clear the creator of the software doesn't own its output. The dumbass you refer to was testing patent law by trying to register his software as the inventor but the copyright case is different: > the office’s 2019 ruling [...] found his A.I.-created image “lacks the human authorship necessary to support a copyright claim.” > Thaler noted to the [US Copyright Office] he was “seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine.” https://www.smithsonianmag.com/smart-news/us-copyright-office-rules-ai-art-cant-be-copyrighted-180979808/ https://www.smithsonianmag.com/smart-news/us-copyright-offic...

gwern 5y ago

The USA requires _de minimis_ human contribution; the prompts here definitely qualify as human choice, he's not simply sampling random images, but exercising quite a bit of choice and creativity as he learns to prompt-engineer for DALL-E 2 and also selects, and so there is a copyright to be had.