this post was submitted on 29 Sep 2024
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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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[–] FlyingSquid@lemmy.world 135 points 1 month ago (115 children)

You have to be the creator of the work in order to copyright it. He didn't create the work. If the wind organized the leaves into a beautiful pattern, he couldn't copyright the leaves either.

[–] chemical_cutthroat@lemmy.world 15 points 1 month ago (69 children)

You can copyright a combination of words, though, and it was his unique combination that created the art. The artist doesn't copyright the palette, and the shop that sold the pigments holds no ownership over the painting. If the art is created with paint, pixels, or phrase, the final product belongs to the artist, and so should be protected by law for them.

[–] SzethFriendOfNimi@lemmy.world 17 points 1 month ago* (last edited 1 month ago) (34 children)

It has to be fixed in a tangible medium.

In this case they’re not “fixing” their words and the final art is the created expression. Yet in this case their created expression wasn’t created by them but the program.

In this case their combination is the palette and paint but the program “interpreted” and so fixed it.

For example you can’t copyright a simple and common saying. Nor something factual like a phone book. Likewise you can’t copyright recipes. There has to be a “creative” component by a human. And courts have ruled that AI generated content doesn’t meet that threshold.

That’s not to say that creating the right prompt isn’t an “art” (as in skill and technique) and there is a lot of work in getting them to work right. Likewise there’s a lot of work in compiling recipes, organizing them, etc. but even then only the “design” part of the arrangement of the facts, and excluding the factual content, can be copyrighted.

[–] Natanael@slrpnk.net 6 points 1 month ago

Using stuff like controlnet to manually influence how images are shaped by the ML engine might count, there's some great examples here (involving custom Qr codes)

https://medium.com/@ssmaameri/ai-generated-qr-codes-with-controlnet-huggingface-and-google-colab-a99ffeee2210

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