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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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Technology
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There’s gaussian noise involved in many of photoshop’s brushes I’m pretty sure.
Does that make photoshop not a pure function of the user’s input, and hence incapable of producing anything copyrightable?
You need direct control over some elements of a work to claim copyright. Not necessarily all of them.
So even if the microtexture is out of your control, you still have complete control of the framing, color, etc. That's sufficient to claim copyright.
If you lose control of every element by replacing them all with prompts and/or chance, then you lose the copyright. Which is what happened in the "monkey selfie" photo.