• jarfil@beehaw.org
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      1 year ago

      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 generated human-made art before someone else does.

        • jarfil@beehaw.org
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          1 year ago

          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.

            • jarfil@beehaw.org
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              1 year ago

              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.

                • jarfil@beehaw.org
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                  1 year ago

                  Current copyright law doesn’t require proving anything other than priority of registration/publication.

                  Current copyright law doesn’t require registration or publication in the USA.

                  sue them in court and thus you are suing them and the onus is on YOU to make your case that you hold the copyright.

                  Precisely: while copyright doesn’t require registration or publication to exist, it does require it to prove in court that it exists. Its abstract existence is moot by itself.

                  If you generate some AI art, and register or publish it as your own, that’s the only proof you (currently) need in court to sue anyone who’d copy it.

                  Regarding Steam, my guess is they’re only gonna CYA and ask you for a statement of ownership, so they can throw you under the bus if anyone comes up with proof that you used AI to generate your assets. (One such proof could be publishing a YouTube video boasting how your game uses AI generated art… don’t do that).

                  Game studios are definitely going to publish games with AI art, they’ll just “forget” to disclose it was AI generated, and if they get some whistleblower, they’ll claim that their copyright is on their transformative use.

                  If Steam wants to retract all games like that, just wait and see how many will fall.