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The headline doesn’t seem to be what actually happened. The filer was arguing that the ai created the work on its own as a work for hire and thus the ai was the
by space_fountain 3y ago
The headline doesn’t seem to be what actually happened. The filer was arguing that the ai created the work on its own as a work for hire and thus the ai was the author with the computer scientist merely being the owner of the copyright as it was made for hire. I don’t think the argument that ai is a tool and the human operating it is the author was considered because the filer explicitly didn’t want to consider it.
In the review being appealed here (https://www.copyright.gov/rulings-filings/review-board/docs/a-recent-entrance-to-paradise.pdf https://www.copyright.gov/rulings-filings/review-board/docs/...). It makes it clear that the computer scientist doing the filing was trying to argue this was a work made for hire with the author being the computer. They wanted to argue that copyright can be assigned to non humans, but that just isn’t how the law works. The summary makes it clear early that it’s just taking their word that the work had no human input and was thus purely the creation of the computer. This seems to be a a better article https://www.millernash.com/industry-news/paradise-denied-copyright-or-not-in-ai-generated-images https://www.millernash.com/industry-news/paradise-denied-cop....
- toast0 3y ago> They wanted to argue that copyright can be assigned to non humans, but that just isn’t how the law works. Just a nitpick that this isn't really about copyright assignment, it's about rights that arise as a result of a eligible work by a eligible author being fixed into a tangible medium. These rights aren't assigned to the author, they come into being automatically. In this case, the ruling seems to be that there was no eligible author, and as such, no rights came into being. Or at least, the claimed author is not an eligible author: had the claim been that the human was the author, using the AI as a paintbrush, that would be a different question. It would be another matter if a natural person authored a work and wished to assign its rights to a non-person. Which yeah, you pretty much can't do. Under most legal frameworks, ownership is for people, natural or corporate; anything that's not a people is property and property can't own property.