So right now, common AI is producing works that are potentially copyright-infringing works and are unable to be copyrighted themselves.
This kind of judgement is pure symbolic politics, because it’s completely unenforceable and I’m confused why you didn’t mention it. No one can prove if a piece of art is AI made and no one has to admit it. So yes, AI art can be copyrighted, just not officially as AI art, but it certainly will be and likely already is as long as there’s a human ‘stand in’.
There’s a huge gulf of difference between a matter of fact and a matter of law.
There are tools that are being used to attempt to detect if a piece of work is AI-generated. If those tools say something was, it’s then on you to prove that you hand-created it.
They don’t work. It’s total bunk.
Even some artists are already having issues because things “look” AI-generated.
Exactly. See above. No one can (confidently) tell which is which. There’s just educated guessing.
I’ll go one further - they can never work. AI is trained using a system where an artist system generates art, and a gatekeeper system gives a confidence rating of how it looks human. The artist system goes through a training process until it can consistently fool the gatekeeper system. If there was a system that existed that could identify currently generated AI art, it would become the new gatekeeper system, and the artist system would only get better.
Copyright isn’t registered anymore, it’s granted on creation in almost all jurisdictions that matter. It’s not like there’s documentation beyond the published work.
Even if there were tools that can dictate what is AI-generated and what not, they’d have to rely on a pattern, or on an artifact from AI-generated imagery (which, as far as I know, does not exist), and that is what can be used as proof, not the result of the tool itself being used.
But then, it begs the question, how would you prove it’s an AI work? For all anyone knows, it’s my art, I made it, it’s undistinguishable from what I could make. What the court will see is, I submitted that art in the Internet, you take that, I sue you for copyright, you argue it’s an AI work, and the Court will request you to prove it really is an AI work, and perhaps launching an investigation on me to see whether I really made the AI artwork.
The only difference is that up to now there was a very low chance of “collisions” between two humans creating the exact same piece of art at the same time, while now a piece of AI art can be fully replicated given a model, a prompt, and a seed… but in practice, there is still a very low chance of two people randomly happening to use exactly the same model, prompt, and seed… so we’re back to square one: whoever claims it first, holds it.
Just remember to claim your AI generatedhuman-made art before someone else does.
Right now, it kind of does. Like if you took someone else’s work and claimed it as your own: unless they can prove it’s theirs, first one to claim it gets to own the copyright.
Unfair? You bet. There’s things like SafeCreative that has been running for many years (I used to be part of a precursor to that) or even register it as an NFT to have a proof of precedence.
Current copyright law doesn’t require proving anything other than priority of registration/publication.
Someone can clam it’s AI all they want, they would have to prove it’s AI. Good luck with that (unless they have the exact model, prompt and seed).
LPT: if you want to publish a game on Steam with AI-generated assets… don’t tell anyone they’re AI-generated, register them to get your copyright, and present that as proof to Steam when asked.
BTW, creation progress and “commit logs”, can also be faked.
…
This kind of judgement is pure symbolic politics, because it’s completely unenforceable and I’m confused why you didn’t mention it. No one can prove if a piece of art is AI made and no one has to admit it. So yes, AI art can be copyrighted, just not officially as AI art, but it certainly will be and likely already is as long as there’s a human ‘stand in’.
There’s a huge gulf of difference between a matter of fact and a matter of law.
deleted by creator
They don’t work. It’s total bunk.
Exactly. See above. No one can (confidently) tell which is which. There’s just educated guessing.
I’ll go one further - they can never work. AI is trained using a system where an artist system generates art, and a gatekeeper system gives a confidence rating of how it looks human. The artist system goes through a training process until it can consistently fool the gatekeeper system. If there was a system that existed that could identify currently generated AI art, it would become the new gatekeeper system, and the artist system would only get better.
deleted by creator
The creator has a copyright if the relevant authorities have granted the copyright registration to them, that is all they need to prove.
Copyright isn’t registered anymore, it’s granted on creation in almost all jurisdictions that matter. It’s not like there’s documentation beyond the published work.
Even if there were tools that can dictate what is AI-generated and what not, they’d have to rely on a pattern, or on an artifact from AI-generated imagery (which, as far as I know, does not exist), and that is what can be used as proof, not the result of the tool itself being used.
deleted by creator
But then, it begs the question, how would you prove it’s an AI work? For all anyone knows, it’s my art, I made it, it’s undistinguishable from what I could make. What the court will see is, I submitted that art in the Internet, you take that, I sue you for copyright, you argue it’s an AI work, and the Court will request you to prove it really is an AI work, and perhaps launching an investigation on me to see whether I really made the AI artwork.
Whose content is it? What human person holds the copyright?
deleted by creator
Whoever claims the copyright first, holds it.
The only difference is that up to now there was a very low chance of “collisions” between two humans creating the exact same piece of art at the same time, while now a piece of AI art can be fully replicated given a model, a prompt, and a seed… but in practice, there is still a very low chance of two people randomly happening to use exactly the same model, prompt, and seed… so we’re back to square one: whoever claims it first, holds it.
Just remember to claim your
AI generatedhuman-made art before someone else does.deleted by creator
Right now, it kind of does. Like if you took someone else’s work and claimed it as your own: unless they can prove it’s theirs, first one to claim it gets to own the copyright.
Unfair? You bet. There’s things like SafeCreative that has been running for many years (I used to be part of a precursor to that) or even register it as an NFT to have a proof of precedence.
deleted by creator
Current copyright law doesn’t require proving anything other than priority of registration/publication.
Someone can clam it’s AI all they want, they would have to prove it’s AI. Good luck with that (unless they have the exact model, prompt and seed).
LPT: if you want to publish a game on Steam with AI-generated assets… don’t tell anyone they’re AI-generated, register them to get your copyright, and present that as proof to Steam when asked.
BTW, creation progress and “commit logs”, can also be faked.