An artist who infamously duped an art contest with an AI image is suing the U.S. Copyright Office over its refusal to register the image’s copyright.
In the lawsuit, Jason M. Allen asks a Colorado federal court to reverse the Copyright Office’s decision on his artwork Theatre D’opera Spatialbecause it was an expression of his creativity.
Reuters says the Copyright Office refused to comment on the case while Allen in a statement complains that the office’s decision “put me in a terrible position, with no recourse against others who are blatantly and repeatedly stealing my work.”
If you didn’t make it how the fuck can it be stolen from you?
Machine output cannot be copyrighted. Whether prompt tweaking and the other stuff involved in making AI art is enough for something to not be considered machine output is still to be decided by the courts.
He spent weeks on fine tuning tbf
It’s like photography: Photographers often spend weeks trying to get the perfect shot, should they be allowed to copyright it?
Another thought experiment: If I hire an artist and tell them exactly what they should draw, which style they should use, which colours they should use etc does 100% of the credit go to the artist or am I also partly responsible?
According to these people, YOU become the artist, and the AI is the artist.
Normally, if you’re commissioning a piece of art for commercial purposes, you would have some sort of contract with the artist that gives you the copyrights. Otherwise, the copyright belongs to the artist that produced the work, even if you buy the product.
Then there needs to be a copyright ownership agreement between the artist in the article and the artists’ whose work was used to train the AI…
But does the artist get 100% of the credit? Ignoring copyright for now, this is just a thought experiment, who’s getting how much credit?
It’s nothing like photography. It takes zero special training to feed an AI a prompt. Yes, photographers, who held their camera, who spent years honing their craft, learning the ins and out of the art of photography, who put their bodies in the field to capture real life, yes, they should be able to copyright their work.
It absolutely takes training to familiarize yourself with the model and get the results you want.
Copyright or not doesnt change time and effort that can be spent on prompting. Theres no reason to have an objective stance against people that want to explore it.
Pull out your phone. Open the camera app. Click the button. You just did an art.
Pull out a pen. Scribble your stick men. You just did the last supper.
Weeks? That shit can be done in mere minutes.
https://petapixel.com/2022/09/01/ai-generated-artwork-wins-first-place-at-state-fair-enraging-artists/
He’s still not an artist.
If I order an art piece by someone, and reject thousands of finished pieces for it to not meet my standards, will i become an artist?
If I take lots of photos, print out and frame one of them but delete the others, will I become an artist?
you see here the thing is “I Take” you did the thing,
What about “I Generate”?
your not doing the work, you are telling the computer to do the work based on words you typed in, at best you could argue you own the copyright to the prompt you typed in, but not to what the computer generated. You did not generate, the computer generated
How is that meaningfully different from “the camera generated”? Both result in a full image from a single input.
“you’re not doing the work, you are telling the camera to do the work based on a setting you found / created, at best you could argue you own the copyright to the setting, but not to what the camera captured. You did not take a photo, the camera took it”
If I order an photograph by someone, and reject thousands of finished pieces for it to not meet my standards, will i become a cameraman?
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While some just snap a photo. And both are equally copyrightable
If anyone deserves copyright over an AI generated image, it’s the people that had their art used without their permission to train the AI. Then, the people most deserving of the copyright are the software engineers that developed the AI.
This is the least coherent argument I keep seeing against AI art… Every art student in the world trains on the works of other artists. They explicitly study the works of great masters to learn their techniques. But when an “evil corporation™” does it it’s now theft.
It’s literally wanting the laws to reflect who is doing something rather than wanting them to be applied fairly.
There is a difference between studying techniques, ideology, history, and mediums to be able to use a style created by another artist in your own creative works, and putting all the creative end products into the ideas blender and churning out a product with no creativity and no intentionality to the application of the process. What’s the end game? At what point does human creativity become redundant and AI starts eating its own slop? Do human artists need to keep creating depictions of meaning or value or whatever else they find important to endlessly feed into the machine so it can duplicate them, missing any of the metaphor, subtext, and soul present in the original? At what point is it obvious that workers are having their labor stolen by the tech bro Soylent Green idea machine to enrich them at the expense of whoever’s life work they seemed to be slop worthy of regurgitation.
AI can be an excellent shortcut or a great tool, and help us make our work easier and products better, but it is not a creator of original creative works, and cannot be validated at the same level as human artists. I, for one, would like to see a future where artists don’t just exist to feed into their machine betters.
Right, learning their techniques, not cutting out pieces of said master art and pasting it onto someone else’s work. There’s already predecent for this when that one monkey took a photo and the guy that provided the: camera, scene and direction was denied the copyright because he didn’t do the work.
https://en.m.wikipedia.org/wiki/Monkey_selfie_copyright_dispute
Tell me you know nothing of art without telling me…
https://en.wikipedia.org/wiki/Colored_Mona_Lisa
https://www.artsy.net/artwork/yasumasa-morimura-sen-cun-tai-chang-portrait-futago
And AI doesn’t just “copy paste”. Have you not seen anything created by AI? People act like it’s just re-creating existing works for some reason.
If anyone deserves copyright over a picture of something, it’s the people that made that thing that had their thing used without permission to be the subject of the photograph. Then, the people most deserving of the copyright are the engineers that developed the camera.
Your argument is erroneous. You’re equating photography to AI art creation. That was your first error. Attempting to make my argument seem ridiculous by reappropriating my sentence structure and offering no real counterpoint was your second error.