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The same is true in the US. This is a nothing burger.
by chungusamongus 1mo ago
The same is true in the US. This is a nothing burger.
- phoronixrly 1mo agoIt may be a nothing burger for US companies/persons, but the EU is fortunately not governed by US law. This is big news for us here.
- mod50ack 1mo agoIt's not surprising, though, since the ECJ held in the Infopaq case that copyright (under the EU Directives) can only exist for something which is the intellectual creation of an author.
- chungusamongus 1mo agoIt's not big news if you know anything about Europe in relation to IP law. No one expected a different result.
- VanTheBrand 1mo agoIt hadn’t been established yet in the EU. It would be a big deal if it went the other way in Europe so it being the same isn’t a nothing burger.
- chungusamongus 1mo agoDid anyone expect it to go the other way? Europe is more hardcore about copyright than the US, and that's saying something. Germany is practically...well I was going to say they're nazis about it but perhaps that's in poor taste.
- semiquaver 1mo agoIt hasn’t been established in the US either, despite how desperately some people want to misinterpret the handful of cases so far.
- derektank 1mo agoIt’s been established in the DC circuit, where basically any challenges to copyright office decisions would need to be brought. For all intents and purposes, until the Supreme Court or Congress decide to weigh in, it’s pretty well established that AI generated content cannot receive copyright. There will probably be some decisions around the edges regarding when human editorial input might result in a copyright being awarded to the editor, but it would be very surprising to see the precedent overturned completely, particularly given its grounding in previous caselaw.
- redwall_hp 1mo agoAuthorship is also required in the Constitution's section on copyright, and is likely entangled in international treaties. Any change that foundational would probably require a constitutional amendment.
- aeon_ai 1mo agoVery clearly established. AI only = no copyright. “A Single Piece of American Cheese” got a copyright because it had human involvement in compositing. Theatre D’Opera did not because it was primarily prompt driven. Thaler didn’t because he said it was machine derived. Humans must be involved for a copyright.