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Which, fine, I'm much more sympathetic to the argument that prompt generation and tuning is creative. I'm not necessarily on-board with it because there are dif
by danShumway 4y ago
Which, fine, I'm much more sympathetic to the argument that prompt generation and tuning is creative. I'm not necessarily on-board with it because there are different categories of creativity (APIs and recipes certainly require creativity, but we somewhat arbitrarily classify them as inventions instead), but the point is it's a decent argument for people to make, and I could plausibly see it winning in a court.
I'm just trying to point out, it doesn't have anything to do with the button, or AI, or technology. It's not a good analogy for people to say "you just point a camera at a thing, and that deserves copyright" -- if that was the case, the camera wouldn't get copyright either. Neither prompt-generation nor photography is getting granted copyright based on the decision to press a button, there has to be something more complex going on in both situations for copyright to get involved.
An accidental photograph, a photograph that's made by simply iterating over every possibility in a space, a photograph that's a reconstruction of an existing copyrighted work without changes, etc, etc... none of those are copyrightable, and that they're made with a camera doesn't make them copyrightable. IP law for photography is the same as for anything else; the machine isn't the important part.
In the scenario you describe, if someone mounts a camera someplace and two people press a button and get the exact same photo -- I would be surprised if that second photo has copyright protection, it probably doesn't meet a threshold for human creativity.