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Why This Award-Winning Piece of AI Art Can’t Be Copyrighted
(www.wired.com)
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this post was submitted on 08 Sep 2023
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Allowing people to copyright A.I generated art could lead to huge issues where someone could just churn out generated images like no tomorrow and throw out copyright claims left and right. It could even lead to situation where you can't really create any art because it's probably something that's already been generated by someone or close to it.
That's what I have been saying. If the courts rule that AI generated art is copyright able. What stops some multi-billionaire from copywriters basically every logical arrangement of words or images or whatever. Heck they would probably even offer to fund employing the copyright office with contractors that they pay for to speed up the process and the government would say it's a good thing because they are saving taxpayer money...
To file an infringement suit they'd need to have paid registration for each work which, even for the exorbitantly rich, wouldn't be remotely feasible for all logical arrangements of words/images. There's probably not even enough space in the Universe or time until its heat death to generate and store all such images.
Even if they did, copyright doesn't protect against against independently created works that happen to be similar or even identical - so they wouldn't be exhausting some limited set of possible works by doing so.
For my understanding artistic works get copyright from the moment of their creation. This would allow one to pick battles based on how lucrative they may potentially be.
You dont really need art museum of babel for this but you just tons of different works that may contain unique characters, structures or objects similar to what someone might be able to imagine or has already imagined.
You may draw fan art with disney characters but its actually illegal to sell said art work without Disneys aproval until copyright expires. Now if anyone can start churning out for example A.I generated web comics left and right the chances for almost identical designs increases by a lot.
In the US, you need your copyright to be registered in order to file an infringement suit or be granted statutory damages. This must be done prior to the infringement, so they wouldn't be able to pick and choose which to register after the fact. The fact that (unregistered) copyright arises from the moment of creation is true, but not particularly useful here.
Copyright is not the same as patents or trademarks; someone coincidentally creating something very similar or even an exact replica of your work is not infringement.
If whether you copied from their work or independently made similar choices is under question - then close similarity of the works could skew the balance of probabilities. However, the courts will be able to see that coincidental similarity is far more likely if a colossal number of images have been registered.
It's still copyright infringement even if you publish it non-commercially, but a Fair Use defense would likely hold up.
So your main argument against it is "anyone could do it"?
What? Lol
This is more of an issue with copyright law than of A.I. content generation. All you really need to do is create an algorithm that creates images based on every combination of pixels. There were a couple of lawyers who did this with melodies by creating an algorithm to generate every combination of 12-note, 8-beat melodies. One of the lawyers has a TED Talk where he goes into more detail with the issues of copyright laws: https://youtu.be/sJtm0MoOgiU
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The museum of babel already exists.
However with generative A.I you dont need artwork for every combination of pixels. Machine learning seems to be really good at finding patterns in everything we may do or think.
With generative A.I we can use this information to create increasingly more human like output. In terms of art mimic and blend art styles, create new designs based on existing ones etc.
Much more elegant and way cheaper than using brute force algorithms.
This is one reason why copyright/patent law is stupid to begin with. Nothing but a state-enforced monopoly on a slice of all possible information in a category. Imagine if people started copyrighting basic trinomials.
What's stopping billionaires from hiring artists now and just having them slave away at 1632961190 images of whatever they could think of for the same purpose? The art doesn't even need to be good, it just needs to be something you can copyright
You mean, like stock photo websites? That are owned by Koch brothers?