AI-generated art cannot be copyrighted, rules a US Federal Judge::United States District Court Judge Beryl A. Howell found that AI-generated artwork can’t be copyrighted, putting to rest a lawsuit against the US Copyright Office over its refusal to copyright an AI-generated image.
And if you simply describe the position via a prompt (among other things) then is that not also minimally creative?
Yes, that has basically been my argument - the human input has to be creative in some way and IMO and prompt can be. But not all prompts used will meet that bar. Where the line lies on what meets that bar is still up for debate and AFAIK no court has laid any groupd work for this yet. But a prompt alone can IMO contain enough creativity to allow the AI generated work to be copyrightable.
Copyright laws are written vaguely so they can be applied to all human expression even those that haven’t been invented yet.
Obviously there are boarder cases where things are not clear cut. That’s true for anything. But when courts make those decisions, they are going to do so using legal frameworks that already exist. The courts are not going to invent new standards to determine whether AI usage is copyrightable or not.
I never suggested they were going to make up new standards based on nothing. All my arguments are related things to existing situations.