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Everything Made By an AI Is In the Public Domain
(doctorow.medium.com)
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this post was submitted on 21 Aug 2023
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This ruling seems to be really badly misinterpreted. The case wasn't for people using ai tools to create works but from a computer scientist who created a completely autonomous tool and was trying to co-copyright the works with the tool. Copyright needs human involvement, how much human involvement is still not hard law, but if you integrate the output of an AI and integrate it into a larger work that is very much covered.
It took me a couple of clicks to discover that, as I suspected, this article is about the Stephen Thaler case. Thaler was trying to argue that the AI itself should hold the copyright for the images it generates.
This is both a ludicrous argument and irrelevant to the overall issue of whether AI-generated art is copyrightable. AIs are not legal persons, and only legal persons can hold copyright over someting. The result of this lawsuit is straightforward and expected.
Just as corporations weren't legal persons until about 13 years ago.
They have only been able to give as much money to politicians as they want for about that long. You must be young. Citizens united is just one more thing that is destroying the US.
it's in the name though
Was he going that far? As far as I understand it, he was trying to claim that the AI was the author of the work and that he should hold the copyright under the work for hire clauses/being the owner of the AI.
https://en.wikisource.org/wiki/Thaler_v._Perlmutter,_Memorandum_Opinion_(Dkt._24)
Calling the machine the "author" is what I was describing in different words. He's saying "I didn't make this, the machine made this." The court's saying "well, the machine can't hold copyright, so if you're saying you didn't make this then there's no one who holds copyright. With no one holding copyright, that makes it public domain."