Well, of course not, because since some diffusion generation are deterministic, that would mean that a specific set of parameters is now copyrighted, so nobody else gets to type in that particular set of numbers into the UI without paying the copyright holder, which of course makes no sense.
Same reason you can’t copyright, say, cooking recipe for a burger.
Food and flavors aren’t copyrightable or patentable because of an explicit exclusion of them. It has nothing to do with “determinism”.No. Recipes are not copyrightable because they’re largely functional things for instructing a process to create a food, which simply is not in the purview of copyright. Specific recipes could very well be patented, depending on the specifics. There are no “explicit exclusions” here.
And still the list of ingredients and food preparation process will not be copyrighted, just the way the specific recipe is written. Anyone could write a simple rephrased version of that recipe which creates the same dish and sell it. Or sell the dish in their restaurant.
My 2c:
On projects over a certain revenue the AI could say how much it was influenced (trained on) by the respective copyrighted content and then royalties could go out to the people who own that content in percents.
My 4c:
There could be an intellectual property blockchain and everything that can be used to train an AI gets a token.
Again, I think all of this should only be mandatory for huge corporations, similar to how unreal engine is free under 1 million dollar earnings.
This could also be an interesting way to see how human made content makes its way through the “minds” of AIs.
That would probably be picocents per artist. How do you want to transfer that amount of money?
So does a prompt not count as human input Edit: ok so if i train a style lora based on my own style and then prompt the ai to generate artwork , then I still don’t deserve the copyright? What if I do all that and then do touchups by hand is that somehow different? I find all this stuff so silly tbh but it is interesting to discuss.
If you hire someone and tell them “paint my room orange”, did you paint the room orange?
Weirdly enough, it might.
I mean, sure, an orange room doesn’t qualify for copyright.
But if you instruct helpers to help you make a copyrightable work to your specifications (e.g. architects instructing workers to build the building), then you own the copyright.
It all comes down to who had what part of the creative process.
For example, if I create a digital artwork and I use an AI tool to increase the resolution, I totally still own the artwork.
I am also pretty sure I retain the copyright if I let an AI fix my spelling in a story I wrote.
But if my input is negligable (“Write me a short story.”), I definitely don’t have the copyright.
Copyright law is complicated and there’s never a clear general answer.
“For example, if I create a digital artwork and I use an AI tool to increase the resolution, I totally still own the artwork.”
There are tools that allow you to convert a stick figure drawing plus a prompt into whatever you want. I can draw a stick figure holding a circle and prompt it as a bunny holding an apple and I could get the desired output. Of course thats more than increasing resolution but where do we draw the line.
That’s what I said, yeah.
The line is probably drawn where it is drawn when using any other tool: For your contribution to be copyright-worthy it needs to be above the required threshold of originality. Copyright doesn’t distinguish between different tools you use, it just requires you to have put enough creativity into it for it to be a creative work.
AI in this respect is very close to photography.
Just pulling out your phone and snapping a picture of something does not clear the theshold, so you have no copyright over it, no matter how detailled the picture is.
If you set up the scene and put a lot of creative input into preparation and post-processing of the picture, you will clear that threshold and you will have copyright over it.
If this sounds arbitrary and hard to pinpoint whether that threshold (which is not clearly defined anywhere) is cleared, you are totally right. This is a big issue with the copyright system, but it’s also nothing that will be fixed by some people commenting on the internet.
So the question is “Did the human input into the AI tool clear the thresold or not?”
This question is the same, regardless of what tools are used, and it’s a common part of lawsuits concerning copyright. There is no blanket answer and it needs to be checked on a case-by-case basis. That’s how copyright law works.
we let the AI draw it for us
This doesn’t mean artists or movie studios can’t make AI creations and sell them. It just means they can’t stop people from copying and distributing them.
If a well regarded artist uses generative AI to make art, then prints a single copy or a limited edition and signs them, they can sell them. Other people can copy it, but it won’t be the same. They won’t have the same value as the ones the artist produced, and they won’t be signed.
Can they copy the artist’s ai generated art including the signature and sell that?
artist’s or ai generated?
So if I use a hammer to create art I can’t protect it because I used a hammer? Exchange hammer for AI
