I’ve generally been against giving AI works copyright, but this article presented what I felt were compelling arguments for why I might be wrong. What do you think?

  • greenskye@beehaw.orgOP
    link
    fedilink
    arrow-up
    12
    ·
    9 months ago

    A photographer does not give their camera prompts and then evaluate the output.

    I understand what you’re trying to say, but I think this will grow increasingly unclear as machines/software continue to play a larger and larger part of the creative process.

    I think you can argue that photographers issue commands to their camera and then evaluate the output. Modern digital cameras have made photography almost a statistical exercise rather than a careful creative process. Photographers take hundreds and hundreds of shots and then evaluate which one was best.

    Also, AI isn’t some binary on/off. Most major software will begin incorporating AI assistant tools that will further muddy the waters. Is something AI generated if the artist added an extra inch of canvas to a photograph using photoshops new generative fill function so that the subject was better centered in the frame?

    • Goopadrew@beehaw.org
      link
      fedilink
      arrow-up
      8
      ·
      9 months ago

      I think the major difference that determines copywrightability is the amount of control the artist has on the outcome. If a photographer doesn’t like the composition of a photo, there’s a variety of things they can do to directly impact the photo (camera positioning/settings, moving the subjects, changing lighting, etc.), before it’s even captured by the camera. If someone is generating a picture with AI and they don’t like the composition of the image, there’s nothing they can do directly impact what the output will be.

      If you want a picture of an apple, where the apple is placed precisely at a certain spot in frame, a photographer can easily accomplish this, but someone using AI will have to generate the image over and over, hoping that the algorithm decides to eventually place the apple exactly in the desired spot

      • greenskye@beehaw.orgOP
        link
        fedilink
        arrow-up
        3
        ·
        9 months ago

        This isn’t true with AI generators. You can absolutely draw in a shitty stick figure with the pose you want and it’ll transform that into a proper artwork with the person in that pose. There are tons and tons of ways to manipulate the the output.

        And again, we give copyright to artists that incorporate randomness into their art. If I throw darts at paint filled balloons I get to copyright the output. It would be absolutely impossible to replicate that piece and I only have vague control over the results.

      • barsoap@lemm.ee
        link
        fedilink
        arrow-up
        2
        ·
        9 months ago

        before it’s even captured by the camera. If someone is generating a picture with AI and they don’t like the composition of the image, there’s nothing they can do directly impact what the output will be.

        That is plain incorrect.

    • FlowVoid@midwest.social
      link
      fedilink
      English
      arrow-up
      8
      ·
      9 months ago

      The copyright office has been pretty clear that if an artist is significantly involved in creating an image but then adjusts it with AI, or vice versa, then the work is still eligible for copyright.

      In all of the cases where copyright was denied, the artist made no significant changes to AI output and/or provided the AI with nothing more than a prompt.

      Photographers give commands to their camera just as a traditional artist gives commands in Photoshop. The results in both cases are completely predictable. This is where they diverge from AI-generated art.