The US Copyright Office offers creative workers a powerful labor protective.
This ruling seems to be really badly misinterpreted. The case wasn’t for people using ai tools to create works but from a computer scientist who created a completely autonomous tool and was trying to co-copyright the works with the tool. Copyright needs human involvement, how much human involvement is still not hard law, but if you integrate the output of an AI and integrate it into a larger work that is very much covered.
It took me a couple of clicks to discover that, as I suspected, this article is about the Stephen Thaler case. Thaler was trying to argue that the AI itself should hold the copyright for the images it generates.
This is both a ludicrous argument and irrelevant to the overall issue of whether AI-generated art is copyrightable. AIs are not legal persons, and only legal persons can hold copyright over someting. The result of this lawsuit is straightforward and expected.
In my opinion, the copyright should be based on the training data. Scraped the internet for data? Public domain. Handpicked your own dataset created completely by you? The output should still belong to you. Seems weird otherwise.
Removed by mod
I too believe that AI work should be public domain by default.
If there were a machine on the street corner where pushed a button and a macguffin popped out, you don’t deserve credit for the macguffin.
If you entered parameters into the machine on the street corner and pushed a button to pop out a custom macguffin, you may be able to argue that you deserve credit for the parameters, but not the macguffin itself AND FURTHERMORE if anyone else wrote custom parameters that happened to produce an identical macguffin without ever having read your parameters, they have exactly as much right to gatekeep it. which is to say basically none.
If you’ve spent some time with AI already you’ve probably realised that it takes some level of domain-specific information to get AI to produce a useful output. For example, people who are already artistic are better at getting artistically interesting images out of an AI. The idea and the guidance have value and are essential to the outcome. Prompt engineering is a very real skill.
Now this case is about an autonomous tool, which by definition doesn’t include a human’s guidance. I agree that the waters here are definitely murkier. If however, you put a blanket over all AI-assisted works and say that the author/engineer doesn’t deserve credit, or protection, then I think you’re off the mark.
