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Opinion: The Copyright Office is making a mistake on AI-generated art
(arstechnica.com)
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this post was submitted on 22 Sep 2023
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I believe a person can still sell or market art that is AI created. I just believe they shouldn't have total ownership of the work.
Already most creators don't fret over fanart or fanfiction so there is wiggle room for fair-use. It's a lot like the game modding scene. Usually modders use pre-existing assets or code to create something new.
Let people play but not own AI work for now.
If I take a copy of the Mona Lisa and draw a luxurious moustache on it, I now own the copyright to that moustache-bedecked Italian's image. Sure, the original image is still public domain, and if someone was to crop the moustache out of my version the bit they'd be left over with would be free and clear of my copyright. But if I use an AI to generate an image and then do the same thing to it how would you even know which bit to crop? And what value would there be in the "leftovers"? Might as well just use your own AI to generate what you need.
I think a lot of AI-hating artists feel that if AI-generated art is declared uncopyrightable they'd "win" somehow. I don't think they'll see the results they're expecting, if that comes to pass.
It seems we need to just let this all run longer and see what happens. Currently we have no real way to detect AI in media beside disclosures and the silly mistakes like 20 fingers. This all relies on the creator (Not hard to edit a photo to clean up those hands etc)
I think a lot of creatives are struggling so they just feel shut out of the conversation. Copyright is probably the one thing most people can understand as a talking point.
I think we still have some time before we see which way will work. Ideally we could always augment the laws... but yeah, America and stuff.