4 ms·

From that ruling to this case it extends that the local or tourist who took the photo would be the copyright holder which makes little sense.

Aloisius 2y ago
It makes perfect sense. The photograph is the photographer's creative expression. This is how copyright has always worked.
- davely 2y ago
  To be fair, a prompt fed into a generative tool _could_ be considered an artist's creative expression. I wonder about something like this[0]. So much awesome engineering went into it. And the guy is clearly an artist and considers himself an artist[1]. As it is his own tool, are the random splatters it generates not copyrightable? [0] https://www.youtube.com/watch?v=9XyE41_ANrc https://www.youtube.com/watch?v=9XyE41_ANrc [1] https://engineezy.com/pages/about https://engineezy.com/pages/about
  - stonemetal12 2y ago
    >To be fair, a prompt fed into a generative tool _could_ be considered an artist's creative expression. Depending on if the prompt met other guidelines for copyright, it would be pretty uncontroversial to say you own the copyright on the prompt. Copyright on the picture, is about as assignable as if you invited ten painters over to your house and read the prompt as spoken word poetry, then received one painting at random. The fact that your prompt won't reliably produce the same picture suggests that you are not in control of the artistic choices made, and therefore have no claim to the copyright.
  - blacksqr 2y ago
    >a prompt fed into a generative tool _could_ be considered an artist's creative expression. Then it's the prompt that is copyrighted, not the end result. US copyright law specifically states that only works fixed into existence by a human author can be copyrighted, and specifically excludes processes or procedures by which a work might ultimately come to be fixed.
- johnisgood 2y ago
  In terms of AI, then it should be clear that the prompts (that AI used to generate my work) are my creative expressions. Sure, the AI may alter it in some unknown ways, but does this make it any less so my creative expression?
elicksaur 2y ago
If I lend you my camera to take pictures you choose, do I hold the copyright because I own the camera? (No)
- Dylan16807 2y ago
  "you choose" is a pretty important factor in this.
  - californical 2y ago
    Do “you choose” to angle the phone slightly up 5 degrees to capture a bit of the sky? Or do “you choose” the moment to take the photo when the timing is right? There is always some creative decision involved by the person who presses the shutter
  - sejje 2y ago
    What if I ask a stranger to take my photo, and it turns out he's Ansel Adams? He's going to make some decisions about the framing etc, as one of the best photographers of all time.
    - johnisgood 2y ago
      So if I ask someone to take a photo, but I tell them "tilt the camera", I am the copyright holder, but if they do so without me "prompting" them, then I no longer am? Am I understanding you correctly?
      - aziaziazi 2y ago
        What if Louis XVI ask Antoine Callet to use a lighter color for his skin? Does he own the Callet painting copyright? You can prompt whatever you want but won’t own the copyright. Photographer will choose himself if he follow or not your "prompt", what side and angle he tilt, the zoom, when to press the shutter…
        2y ago

Aloisius 2y ago

It makes perfect sense. The photograph is the photographer's creative expression. This is how copyright has always worked.

davely 2y ago
To be fair, a prompt fed into a generative tool _could_ be considered an artist's creative expression. I wonder about something like this[0]. So much awesome engineering went into it. And the guy is clearly an artist and considers himself an artist[1]. As it is his own tool, are the random splatters it generates not copyrightable? [0] https://www.youtube.com/watch?v=9XyE41_ANrc https://www.youtube.com/watch?v=9XyE41_ANrc [1] https://engineezy.com/pages/about https://engineezy.com/pages/about
- stonemetal12 2y ago
  >To be fair, a prompt fed into a generative tool _could_ be considered an artist's creative expression. Depending on if the prompt met other guidelines for copyright, it would be pretty uncontroversial to say you own the copyright on the prompt. Copyright on the picture, is about as assignable as if you invited ten painters over to your house and read the prompt as spoken word poetry, then received one painting at random. The fact that your prompt won't reliably produce the same picture suggests that you are not in control of the artistic choices made, and therefore have no claim to the copyright.
- blacksqr 2y ago
  >a prompt fed into a generative tool _could_ be considered an artist's creative expression. Then it's the prompt that is copyrighted, not the end result. US copyright law specifically states that only works fixed into existence by a human author can be copyrighted, and specifically excludes processes or procedures by which a work might ultimately come to be fixed.
johnisgood 2y ago
In terms of AI, then it should be clear that the prompts (that AI used to generate my work) are my creative expressions. Sure, the AI may alter it in some unknown ways, but does this make it any less so my creative expression?

elicksaur 2y ago

If I lend you my camera to take pictures you choose, do I hold the copyright because I own the camera? (No)

Dylan16807 2y ago
"you choose" is a pretty important factor in this.
- californical 2y ago
  Do “you choose” to angle the phone slightly up 5 degrees to capture a bit of the sky? Or do “you choose” the moment to take the photo when the timing is right? There is always some creative decision involved by the person who presses the shutter
- sejje 2y ago
  What if I ask a stranger to take my photo, and it turns out he's Ansel Adams? He's going to make some decisions about the framing etc, as one of the best photographers of all time.
  - johnisgood 2y ago
    So if I ask someone to take a photo, but I tell them "tilt the camera", I am the copyright holder, but if they do so without me "prompting" them, then I no longer am? Am I understanding you correctly?
    - aziaziazi 2y ago
      What if Louis XVI ask Antoine Callet to use a lighter color for his skin? Does he own the Callet painting copyright? You can prompt whatever you want but won’t own the copyright. Photographer will choose himself if he follow or not your "prompt", what side and angle he tilt, the zoom, when to press the shutter…
      - 2y ago