this post was submitted on 08 Sep 2023
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309
Why This Award-Winning Piece of AI Art Can’t Be Copyrighted (www.wired.com)
submitted 1 year ago by [email protected] to c/[email protected]
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Why This Award-Winning Piece of AI Art Can’t Be Copyrighted::Matthew Allen’s AI art won first prize at the Colorado State Fair. But the US government has ruled it can’t be copyrighted because it’s too much “machine” and not enough “human.”

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[–] [email protected] 10 points 1 year ago

Funny situation indeed. Thoughts:

  1. Copyright is particularly artificial and openly amenable to change to suit the needs of the economy and creators it applies to. So treating this as open ended is probably necessary.
  2. Copyright has for a long time happily provided varying degrees of protection by recognising that one may hold copyright over a work but only over a “thin” or relatively minor aspect of the work.
  3. While there seems to be broader factors involved here regarding the power and market dynamics afforded artists and corporations should AI copyright be protected, there also seems to be plenty of scope to recognise that actual original work can be behind an AI work, however “thin” and distinct from the ordinary categories (eg Music, Literature etc) it may be. Indeed I would question how much the judges involved actually understand this enough.
  4. Does anyone know how this policy is tracking with or affected by policies in whether the AI engines themselves are infringing copyright?