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jarsin | 11 months ago

This is old news. The copyright office already ruled that AI generative outputs are not copyrightable in January [1].

I think many have not understood the implications of the CO ruling. This means anything you build with llms you don't own. Your company doesn't own. If your using copilot and you have a copyright notice at the top of your source file if that ever goes to court you will learn that copyright is not valid. You cant even put an open source license on the output, like the GPL, because...drumroll...you don't own the copyright.

[1] https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

discuss

order

protocolture|11 months ago

It doesnt say that, it says that anything thats solely produced by simply prompting is not owned. I have seen very few works that want copyright and are solely prompts.

From your own link:

"“To be sure,” the Court further explained, “the requisite level of creativity is extremely low; even a slight amount will suffice."

"The Office agrees that there is an important distinction between using AI as a tool to assist in the creation of works and using AI as a stand-in for human creativity. "

"The Office concludes that, given current generally available technology, prompts alone do not provide sufficient human control to make users of an AI system the authors of the output. "

Where the US ruling differs from others:

"Repeatedly revising prompts does not change this analysis or provide a sufficient basis for claiming copyright in the output."

Where China has had 2 cases where it supported multiple prompt changes + watermark

Also they dont rule out a change:

"There may come a time when prompts can sufficiently control expressive elements in AI-generated outputs to reflect human authorship. If further advances in technology provide users with increased control over those expressive elements, a different conclusion may be called for"

^ I would (and have) suggested that the above would likely cover the masking tools available in most image generators.

Its certainly not a case that "AI generative outputs are not copyrightable".

Kye|11 months ago

It sounds like even something minimal like choosing, applying, and adjusting one of the nodes in something like ComfyUI would be sufficient.

jarsin|11 months ago

You left out the big "but". But if ai gets more optimized and automated our current conclusion will be more bolstered.