cross-posted from: https://hexbear.net/post/3613920

https://archive.ph/tR7s6

Get fuuuuuuuuuuuuuucked

“This isn’t going to stop,” Allen told the New York Times. “Art is dead, dude. It’s over. A.I. won. Humans lost.”

“But I still want to get paid for it.”

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3 points

It should be as copyrightable as the prompt. If the prompt is something super generic, then there’s no real work done by the human. If the prompt is as long and unique as other copyrightable writing (which includes short works like poems) then why shouldn’t it be copyrightable?

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7 points
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Because it wasn’t created by a human being.

If I ask an artist to create a work, the artist owns authorship of that work, no matter how long I spent discussing the particulars of the work with them. Hours? Days? Months? Doesn’t matter. They may choose to share or reassign some or all of the rights that go with that, but initial authorship resides with them. Why should that change if that discussion is happening not with an artist, but with an AI?

The only change is that, not being a human being, an AI cannot hold copyright. Which means a work created by an AI is not copyrightable. The prompter owns the prompt, not the final result.

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3 points

You’re assigning agency to the program, which seems wrong to me. I think of AI like an advanced Photoshop filter, not like a rudimentary person. It’s an artistic tool that artists can use to create art. It does not in and of itself create art any more than Photoshop creates graphics or a synthesizer creates music.

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6 points

How do the actions of the prompter differ from the actions of someone who commissions an artist to create a work of art?

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-2 points

should a camera also own the copyright to the pictures it takes? (I seriously hate photographers)

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5 points
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Ah, but there is a fundamental difference there. A photographer takes a picture, they do not tell the camera to take a picture for them.

It is the difference between speech and action.

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6 points

If the prompt is as long and unique as other copyrightable writing (which includes short works like poems) then why shouldn’t it be copyrightable?

Okay, so the prompt can be that. But we’re talking about the output, no? My hello-world source code is copyrighted, but the output “hello world” on your machine isn’t really, no?

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1 point

Does it require any creative thought for the user to get it to write “hello world”? No. Literally everyone launching the app gets that output, so obviously they didn’t create it.

A better example would be a text editor. I can write a poem in Notepad, but nobody would claim that “Notepad wrote the poem”.

It’s wild to me how much people anthropomorphize AI while simultaneously trying to delegitimize it.

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