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You're referring to a Copyright Office administrative ruling. It's a pretty strange ruling at odds with precedent, and it has not been tested in court. Tradit
by caesil 3y ago
You're referring to a Copyright Office administrative ruling.
It's a pretty strange ruling at odds with precedent, and it has not been tested in court.
Traditionally all that's required for copyrightability is a "minimal creative spark", i.e. the barest evidence that some human creativity was involved in creating the work. There really hasn't traditionally been any lower bound on how "minimal" the "spark" need be -- flick a dot of paint at a canvas, snap a photo without looking at what you're photographing, it doesn't matter as long as a human initiated the work somehow.
However, the Copyright Office contends that AI-generated text and images do not contain a minimal creative spark:
https://www.copyright.gov/ai/ai_policy_guidance.pdf https://www.copyright.gov/ai/ai_policy_guidance.pdf
This is obviously asinine. Typing in "a smiling dolphin" on Midjourney and getting an image of a smiling dolphin is clearly not a program "operat[ing] randomly or automatically without any creative input or intervention from a human author".
If our laws have meaning, it will be overruled in court.
Of course, judges are also susceptible to the marketing-driven idea that Artificial Intelligence is a separate being, a translucent stock photo robot with glowing blue wiring that thinks up ideas independently instead of software you must run with a creative input. So there's no guarantee sanity will prevail.
- choppaface 3y agoNot so much copyrighting generated output, it’s more about to what extent training is fair use as well as when the algo spits out an exact copy of training data.
- caesil 3y agoThat's a separate issue. What I linked above is an opinion specifically on whether generated output is copyrightable.
- lucubratory 3y agoIf the model produces content that would be a copyright violation in any other context, it doesn't stop being a copyright violation regardless of any of these decisions. No one has ever disagreed with that; it's the functional abolition of copyright and if you're okay with that, then you're not arguing for this stuff, you're arguing for the abolition of copyright. The argument is that if you trained the model with copyrighted data, and then you or someone else separately used the model to generate novel media which was not legally similar enough to any copyrighted work to make it a copyright violation, that that isn't violating copyright, it's fair use. Basically, using it to make your own original content is legal, and using it to create an unauthorised reproduction of a copyrighted work is illegal. Just like all other software.