this post was submitted on 13 Sep 2023
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Controversial AI art piece from 2022 lacks human authorship required for registration.

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[–] [email protected] 16 points 1 year ago (16 children)

If those people have ever tried actually using image generation software they will know that there is significant human authorship required to make something that isn't remotely dogshit. The most important skill in visual art is not how to draw something but knowing what to draw.

[–] [email protected] 25 points 1 year ago (12 children)

Then why does all AI need to harvest the work of millions of artists in order to create one mediocre painting? Millions upon millions of hours of blood sweat and tears is hidden behind that algorithm. Thousands of people starting to draw when they are 5 and never stopping in order to get as good as they are.

All big AI services refuse to disclose the training set they use and those that we know anything about absolutely uses copyrighted material from artist that didn't consent to be part of the training set.

This is what fuels my contempt for AI. People that uses literal billions of dollars of stolen time and talent and then pretend that actually having ideas is the important bit.

[–] [email protected] 7 points 1 year ago (2 children)

I mean, I agree that the developers of these AI tools need to be made to be more ethical in how they use stuff for training, but it is worth noting that that's kind of also how humans learn. Every human artist learns, in part, by absorbing the wealth of prior art that they experience. Copying existing pieces is even a common way to practice.

[–] [email protected] 14 points 1 year ago (2 children)

Yeah, that shrug you did about how it would be nice if AI didn't steal art is part of the problem. Shrugging and saying joink doesn't work when you want to copyright stuff.

Human learns by assimilating other people work and working it into their own style, yes. That means that the AI is the human in this and the AI owns the artistic works. Since AI does not yet have the right to own copyrights, any works produced by that AI is not copyrightable.

That is if you accept that AI and humans learn art in the same way. I don't personally think that is analogous but it doesn't matter for this discussion.

[–] [email protected] 2 points 1 year ago (1 children)

There's a reason I said "they should be made to be more ethical" and not just "they should be more ethical". I know that they aren't going to do it themselves and I'll support well-written regulations on them.

but it doesn’t matter for this discussion.

Isn't it what almost your entire comment was about?

[–] [email protected] 8 points 1 year ago

The argument was basically "that is how humans learn too". I accepted that analogy because it doesn't change my conclusion that AI can't be copyrighted. Had the discussion been about something else I wouldn't have accepted that argument.

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[–] [email protected] 8 points 1 year ago (21 children)

The difference is a human artist can then make new unique art and contribute to the craft so it can advance and they can make a living off it. AI made art isn’t unique, it’s a collage of other art. To get art from AI you have to feed it prompts of things it’s seen before. So when AI is used for art it takes jobs from artists and prevents the craft from advancing.

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[–] [email protected] 4 points 1 year ago

It is funny how that "one mediocre painting" won the award while the human art did not.

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[–] [email protected] 24 points 1 year ago (1 children)

If I took a few hours to make an impressive AI generated price of art, that's still %0.0001 the amount of time an actual a real artist would've spent developing the skill and then taking the time to make the peice. I get to skip all that because AI stole the real artists' works.

[–] [email protected] 5 points 1 year ago* (last edited 1 year ago) (2 children)

What about photographers?

I don't think "amount of work" is a good measurement for copyright, if you scribble something in 2 seconds on a piece of paper you still own the copyright, even if it's not a great piece of art.

[–] [email protected] 14 points 1 year ago (2 children)

I'm pretty specifically trying to bring to mind the time it takes to hone the skill. Photography is similar in that it takes many many hours to get to the point where you can produce a good work of art.

If an artist (or photographer) spends a couple hours on a peice, that's not the actual amount of time needed. It takes years to reach the point where they can make art in a few hours. That's what people are upset about, that's why nobody cares about "it took me hours to generate a good peice!", because it takes an artist 10,000 hours.

What AI art is doing is distilling that 10,000 hours (per artist) into a training set of 99% stolen works to allow someone with zero skill to produce a work of art in a few hours.

What's most problematic isn't who the copyright of the AI generated age belongs to, it's that artists who own their own works are having it stolen to be used in a commercial product. Go to any AI image generator, and you'll see "premium" options you can pay for. That product, that option to pay, only exists on the backs of artists who did not give licensing for their works, and did not get paid to provide the training data.

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[–] [email protected] 5 points 1 year ago

The law is about human expression, not human work. That which a human expressed (with creative height) is protected, all else is not

[–] [email protected] 15 points 1 year ago (2 children)

So if I tell someone else to draw something, who gets the copyright?

[–] [email protected] 14 points 1 year ago (4 children)

Depends on your agreement.

I think by default if there's no contract saying otherwise, the copyright stays with the original artist.

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[–] [email protected] 6 points 1 year ago* (last edited 1 year ago) (2 children)

If someone is doing work for you, you get the copyright. That's how it always worked

[–] [email protected] 15 points 1 year ago (1 children)

This isnt always the case. Tattoos for example, are commissioned and paid for but the actual copyright often resides with the artist not the person that paid for the work.

[–] [email protected] 12 points 1 year ago

Yes, the artist must agree that copyright transfer is part of the agreement. By default ownership is with the artist.

[–] [email protected] 11 points 1 year ago* (last edited 1 year ago) (3 children)

That's only with the artist's agreement though isn't it? Usually because you're paying them. In this case the artist isn't a person so can't grant you the copyright (I think)

[–] [email protected] 2 points 1 year ago* (last edited 1 year ago)

Yes, in practice this would be a contract with the artist deciding whether the copyright is transferred or not.

Because by default, if you commission someone to draw something for you, they keep the copyright.

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[–] [email protected] 3 points 1 year ago (1 children)

Look, if I train a monkey to draw art, no matter how good my instructions or the resulting art is, I don't own that art, the monkey does.

As non-human animals cannot copyright their works, it then thusly defaults to the public domain.

The same applies to AI. You train it to make the art you want, but you're not the one making the art, the AI is. There's no human element in the creation itself, just like with the monkey.

You can edit or make changes as you like to the art, and you own those, but you don't own the art because the monkey/AI drew it.

[–] [email protected] 2 points 1 year ago (1 children)

Does my camera own my art, and not me?

[–] [email protected] 2 points 1 year ago (1 children)

No, because there's a fundemental difference between a tool that functions directly as a consequence of what you do, and an independent thing that acts based on your instruction.

When you take a photo, you have a direct hand in making it - when you direct an AI to make art, it is the one making the art, you just choose what it makes.

It's as silly as asking if your paintbrush owns your art as a response to being told that you can't claim copyright over art you don't own.

[–] [email protected] 3 points 1 year ago (9 children)

you control the seed, control the prompt — you can get the "AI" to produce the very same image if you want. so yes, you do have

a tool that functions directly as a consequence of what you do

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