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I don't think that's true in general, it really depends on the AI and the workflow. I've seen prompt-based "art" on r/stablediffusion that almost certainly viol

I don't think that's true in general, it really depends on the AI and the workflow. I've seen prompt-based "art" on r/stablediffusion that almost certainly violates existing copyright and looked very much like photoshopping existing images onto each other, violating the copyright of each of them. It is well-known that this type of work can be derivative and original, but it need not be. With some of the newer models, prompts can be literally one line of text like "photorealistic image of a girl on a motorbike." Even if the result counts as art, it is definitely not the artwork of the person who wrote the prompt.

causality0 4y ago
Is a photograph of a girl on a motorbike the artwork of the photographer?
- jonathanstrange 4y ago
  That cannot be answered in general because it depends on the jurisdiction, the circumstances, and the settings. For example, in some European countries you need to get permission from the people you photograph unless they are persons of public interest. There may also be considerations about the motorbike (esp. logo and brand names on it) and things like buildings in the background, etc. To give another example, 3d car models in racing games need to be licensed by the car manufacturer, that's why e.g. Forza Horizon lacks certain car brands entirely. But in any case, the difference is huge between writing a one-sentence prompt and choosing and arranging a motive, arranging the photo setting & lighting (unless it's a Paparazzi snapshot), getting and paying the models, and so on. If you compare this to prompt-based AI, some complex prompts may be judged as creative work, others are too simple to count as it. Changing the color, contrast and sharpness of an existing image also doesn't necessarily count as original artwork (but see some of Andy Warhol's work for differing opinions, of course).
  - fiedzia 4y ago
    > 3d car models in racing games need to be licensed by the car manufacturer Is it a licence (in practice) for a right to brand name or really the look? Could Forza make a model that looks almost exactly like a Ferrari but name it Furrari?
  - causality0 4y ago
    But in any case, the difference is huge between writing a one-sentence prompt and choosing and arranging a motive, arranging the photo setting & lighting You know you're comparing the best example of photography with the worst example of using an AI, right? A photographer may carefully study their craft and set up their shots. They can also be someone who puts no thought at all into taking an almost random photo. Same as someone can carefully tune the parameters of a model and refine their prompt until they get something which meets their exacting specifications, or they can be someone who grunts into a text box and clicks generate. Playing around with Stable Diffusion running locally, comparing my output to the things held up as AI art removes any doubt in my mind as to whether the creators are artists. They are.
    - jonathanstrange 4y ago
      You're restating what I said. Anyway, I agree, they're a bit like artists. One-paragraph poets, if you will.
- dendriti 4y ago
  The fact that you think this is a "gotcha" is a strong indication that you have no business discussing the topic.

causality0 4y ago

Is a photograph of a girl on a motorbike the artwork of the photographer?

jonathanstrange 4y ago
That cannot be answered in general because it depends on the jurisdiction, the circumstances, and the settings. For example, in some European countries you need to get permission from the people you photograph unless they are persons of public interest. There may also be considerations about the motorbike (esp. logo and brand names on it) and things like buildings in the background, etc. To give another example, 3d car models in racing games need to be licensed by the car manufacturer, that's why e.g. Forza Horizon lacks certain car brands entirely. But in any case, the difference is huge between writing a one-sentence prompt and choosing and arranging a motive, arranging the photo setting & lighting (unless it's a Paparazzi snapshot), getting and paying the models, and so on. If you compare this to prompt-based AI, some complex prompts may be judged as creative work, others are too simple to count as it. Changing the color, contrast and sharpness of an existing image also doesn't necessarily count as original artwork (but see some of Andy Warhol's work for differing opinions, of course).
- fiedzia 4y ago
  > 3d car models in racing games need to be licensed by the car manufacturer Is it a licence (in practice) for a right to brand name or really the look? Could Forza make a model that looks almost exactly like a Ferrari but name it Furrari?
- causality0 4y ago
  But in any case, the difference is huge between writing a one-sentence prompt and choosing and arranging a motive, arranging the photo setting & lighting You know you're comparing the best example of photography with the worst example of using an AI, right? A photographer may carefully study their craft and set up their shots. They can also be someone who puts no thought at all into taking an almost random photo. Same as someone can carefully tune the parameters of a model and refine their prompt until they get something which meets their exacting specifications, or they can be someone who grunts into a text box and clicks generate. Playing around with Stable Diffusion running locally, comparing my output to the things held up as AI art removes any doubt in my mind as to whether the creators are artists. They are.
  - jonathanstrange 4y ago
    You're restating what I said. Anyway, I agree, they're a bit like artists. One-paragraph poets, if you will.
dendriti 4y ago
The fact that you think this is a "gotcha" is a strong indication that you have no business discussing the topic.