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Graphics AI The 2000 Beanies

Artist Appeals Copyright Denial For Prize-Winning AI-Generated Work (arstechnica.com) 48

An anonymous reader quotes a report from Ars Technica: Jason Allen-a synthetic media artist whose Midjourney-generated work "Theatre D'opera Spatial" went viral and incited backlash after winning a state fair art competition-is not giving up his fight with the US Copyright Office. Last fall, the Copyright Office refused to register Allen's work, claiming that almost the entire work was AI-generated and insisting that copyright registration requires more human authorship than simply plugging a prompt into Midjourney. Allen is now appealing (PDF) that decision, asking for judicial review and alleging that "the negative media attention surrounding the Work may have influenced the Copyright Office Examiner's perception and judgment." He claims that the Examiner was biased and considered "improper factors" such as the public backlash when concluding that he had "no control over how the artificial intelligence tool analyzed, interpreted, or responded to these prompts."

As Allen sees it, a rule establishing a review process requiring an Examiner to determine which parts of the work are human-authored seems "entirely arbitrary" since some Copyright Examiners "may not even be able to distinguish an artwork that used AI tools to assist in the creation from one which does not use any computerized tools." Further, Allen claims that the denial of copyright for his work has inspired confusion about who owns rights to not just Midjourney-generated art but all AI art, and as AI technology rapidly improves, it will only become harder for the Copyright Office to make those authorship judgment calls. That becomes an even bigger problem if the Copyright Office gets it wrong too often, Allen warned, running the risk of turning every artist registering works into a "suspect" and potentially bogging courts down with copyright disputes. Ultimately, Allen is hoping that a jury reviewing his appeal will reverse the denial, arguing that there is more human authorship in his AI-generated work than the Copyright Office considered when twice rejecting his registration.

Artist Appeals Copyright Denial For Prize-Winning AI-Generated Work

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  • Artwork produced by generative AI is done by ingesting a large body of (presumably) original work, and the regurgitated back. It is NOT original work. If copyright is to be granted to an AI generated work, it should be granted to each of the artists of the original work.
    • Because no artist ever studied the work that preceded them before creating their art. Right?

      • Because no artist ever studied the work that preceded them before creating their art. Right?

        That is pretty much the basis of it all. There is very little new under the sun. For my photography, I'm heavily influenced by Brett Weston.

        So art is pretty much tweaking things, other than the group of goofballs that try to see what they can get away with, and the idiots they can convince that they are creating art - think Damien Hirst https://www.thecollector.com/d... [thecollector.com] Yeah, kill an animal, put it in a glass box and watch it rot away.

        Now of course, art is what you can get away with, and that twatwaffl

    • Re:Is this theft? (Score:4, Informative)

      by rolfwind ( 528248 ) on Tuesday October 08, 2024 @12:48AM (#64847287)

      Yeah, I think the human mind works the same way. Are you gonna claim that anybody that went through school owes infinite copyright to previous generation starting with use of the alphabet and number system?

      • That's the question, isn't it? Are we just machines or is there something special about us, and ostensibly other living creatures by extension? So far, it's unproven either way, and anyone who says different is selling something (probably either AI software on one hand, or a holy book on the other.)

        So far the law has taken the view that we are special, and that is frankly the only thing that makes sense. Humans need protection from oppression, software doesn't (although humans need software to have certain

    • by Rei ( 128717 )

      Artwork produced by generative AI is done by ingesting a large body of (presumably) original work

      Correct

      and the regurgitated back

      Incorrect.

  • It claims (from TFA) that the prompt used is a copyrightable work. Midjourney's output is clearly a derivative work based on a copyrightable original. How can that not be copyrightable itself? The claim could be made (in this case) that Midjourney modifies the original prompt in ways that are hidden from the user and the resulting work is a collaboration. Fair enough. However, it would not be broadly applicable to all synthetic images. If I use a local installation of Automatic1111 or ComfyUI, I have compl
  • This sounds to me like 'prompt engineer' (god, i hate that term so much. did these prompters go to an abet accredited institution? did they pass any exams or have any training whatsoever?) are trying to claim copyright over others hard work, (artists, authors, computer scientists, and actual computer engineers who earned their degrees and did lots of hard math to create the ai whose buttons these prompters are mashing blindly.
    • The important aspect of the engineering degree is not the accredited institution.

      The important part of engineering is the stamp and the associated responsibility. The stamp says "This design obeys commonly understood engineering principles and I certify it's not going to kill anyone if implemented as specified and take full responsibility for those outcomes."

      There is none of that in so-called software engineering. Taking that concept one step further into the sociological realm, I don't think there's anyth

    • by Rei ( 128717 )

      You're right. When I paint a painting, I shouldn't get the copyright. Rather, the people who designed and engineered the paintbrush should hold the copyright.

      Nikon should be a mass copyright holder, owning the rights to every photo ever taken with a Nikon camera.

      This makes sense.

  • by MpVpRb ( 1423381 ) on Tuesday October 08, 2024 @01:18AM (#64847331)

    IP laws, not more

  • Can we all please stop referring to people who use AI tools as artists? If your work is wholly AI generated and you added nothing but some prompts, you are not Da Vinci. I don't know if you should even be considered as equal to someone who colors inbetween the lines of a diner menu with those free crayons.
    • What if you created artwork from a mathematical formula, or used one to modify a basic image to make it visually interesting? What if you use a CNC machine or 3D printer to make a sculpture?

    • What's the difference between someone using one of these systems and using a synthesizer? Given the same synthesizer model and input settings, isn't the variation then purely based on the notes played? What if those notes are played by a sequencer and not a person or generated programmatically? Is that person not an artist?

      I agree with your point regarding so-called artists that use AI tools but I would also contend it's not as clear-cut as it may appear.

    • by Rei ( 128717 )

      Can we all please stop referring to people who use AI tools as artists? If your work is wholly AI generated and you added nothing but some prompts, you are not Da Vinci. I don't know if you should even be considered as equal to someone who colors inbetween the lines of a diner menu with those free crayons.

      This sounds familiar. [csus.edu]

      A revengeful God has given ear to the prayers of this multitude. Daguerre was his Messiah. And now the faithful says to himself: “Since photography gives us every guarantee of e

  • If I use some AI tool to replace the background on one of my images, I still own the full copyright. If I use some AI to generate a full image from my prompt and then do some post-processing, I own no copyright. Can someone define the exact threshold where I lose the rights? To me, the distinction is very vague.

  • then you understand both why he lost, and why he must ultimately lose at the end of whatever string of appeals are deployed.

    In the United States, it's a basic HUMAN right (what some would call a "God-given" right... in other words a right that even trumps majority rule because it was not granted by some group of humans) to have control over what you create on your time, with your tools and your creativity. In order to improve society and encourage creative people to give the public access to the results of

  • Pretends to make art.

  • Something should be copyrightable if it can be considered created in a uniquely creative way.

    i.e. Can some random lay person playing with prompts replicate the picture in such a way that copyright law would consider the output infringing on the other image? If so then it's probably not worth copyrighting. If on the other hand it takes actual skill of someone who knows what they are doing to get to that point then the result should be subject to copyright.

    • Not even the artist can recreate the image without a stored set of parameters, because these images are extrapolated from (pseudo-)randomness. The nature of the prompts is selective, not creative. Unless you can't play five songs in the same order as on my mix-tape without paying me royalties for my artistic genius, these images deserve no more copyright than the output of /dev/urandom.

      • by Rei ( 128717 )

        Please learn what a seed is.

        • Oh intelligent one, please enlighten me. I mentioned stored parameters and pseudo randomness, but the meaning of these words eludes me. I beg your forgiveness.

          • by Rei ( 128717 )

            AI artists can recreate the exact same work by using the exact same seed value and inputs. So your entire argument makes no sense. They DO have the "stored set of parameters". In fact, these parameters are often stored in the image metadata, thus causing the image itself to contain the means of its own creation. Some go even further: with ComfyUI, it's common to store entire image generation pipelines in the metadata of an image, to the point that you can load the image as a workflow and have hundreds o

  • Here's a solution: make the prompts inputted to the AI copyright, but the artwork itself in the public domain. Surely then everyone is happy - the author gets what he wants (copyright protection for HIS part in the whole thing) and we aren't left with any complicated "is it or isn't it?" questions.

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