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.”

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54 points
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If you didn’t make it, how the fuck can it be stolen from you?

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2 points

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.

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1 point

How much of it does he have to make in order for it to ‘count’ in your mind?

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-16 points
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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?

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22 points
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-4 points

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.

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-5 points

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.

Pull out your phone. Open the camera app. Click the button. You just did an art.

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16 points

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?

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5 points
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According to these people, YOU become the artist, AND the AI is the artist.

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3 points

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.

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15 points

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?

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3 points

According to anyone in the Stable Diffusion communities, yes. And as a matter of fact, because I responded to you, I am now a novelist.

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-4 points

If I take lots of photos, print out and frame one of them but delete the others, will I become an artist?

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1 point

Weeks? That shit can be done in mere minutes.

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-2 points

“I have been exploring a special prompt that I will be publishing at a later date, I have created hundreds of images using it, and after many weeks of fine-tuning and curating my generations, I chose my top three and had them printed on canvas,” he writes.

https://petapixel.com/2022/09/01/ai-generated-artwork-wins-first-place-at-state-fair-enraging-artists/

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0 points
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-3 points

While some just snap a photo. And both are equally copyrightable

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9 points
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