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Opinion: The Copyright Office is making a mistake on AI-generated art
(arstechnica.com)
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There absolutely is. It's their process of developing a prompt.
Compare it to painting a picture by hand versus paint-by-number. Okay, sure. Technically you can go out and get a paint-by-number Starry Night for $20 and paint something approximating it yourself. That doesn't mean that you can paint it by hand, or even that you can now create your own paint-by-number canvass, it just means that someone gave you instructions on where to put paint with brush to get something similar. Obviously you're not copying the brush strokes and the exact amount and type of paint used in each one, so it's probably not like an excellent forgery, but we could apply the same idea to 'traditional' digital art and it would be.
Record my keystrokes and mouse movements while I make something and repeat them and you'll get the same thing.
There is a world of difference between being able to take someone else's progress in prompt development and throw it into a generator and being able to develop that prompt in the first place.
It's the process of selection, iteration, and gradual prompt adjustment that actually constitutes the creative process of using AI art, as well as the actual traditional art techniques that go into modifying the input or creating a base to alter your images from.