this post was submitted on 08 Sep 2023
309 points (94.5% liked)

Technology

59322 readers
4428 users here now

This is a most excellent place for technology news and articles.

Our Rules

  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots

founded 1 year ago
MODERATORS
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
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]
120 comments fedilink hide all child comments
 

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.”

you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (1 children)

For my understanding artistic works get copyright from the moment of their creation. This would allow one to pick battles based on how lucrative they may potentially be.

You dont really need art museum of babel for this but you just tons of different works that may contain unique characters, structures or objects similar to what someone might be able to imagine or has already imagined.

You may draw fan art with disney characters but its actually illegal to sell said art work without Disneys aproval until copyright expires. Now if anyone can start churning out for example A.I generated web comics left and right the chances for almost identical designs increases by a lot.

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

For my understanding artistic works get copyright from the moment of their creation. This would allow one to pick battles based on how lucrative they may potentially be.

In the US, you need your copyright to be registered in order to file an infringement suit or be granted statutory damages. This must be done prior to the infringement, so they wouldn't be able to pick and choose which to register after the fact. The fact that (unregistered) copyright arises from the moment of creation is true, but not particularly useful here.

You dont really need art museum of babel for this but you just tons of different works that may contain unique characters, structures or objects similar to what someone might be able to imagine or has already imagined.

Copyright is not the same as patents or trademarks; someone coincidentally creating something very similar or even an exact replica of your work is not infringement.

If whether you copied from their work or independently made similar choices is under question - then close similarity of the works could skew the balance of probabilities. However, the courts will be able to see that coincidental similarity is far more likely if a colossal number of images have been registered.

You may draw fan art with disney characters but its actually illegal to sell said art work without Disneys aproval until copyright expires.

It's still copyright infringement even if you publish it non-commercially, but a Fair Use defense would likely hold up.