Showing posts with label originality. Show all posts
Showing posts with label originality. Show all posts

Wednesday, June 18, 2025

AI copyright anxiety will hold back creativity; MIT Technology Review, June 17, 2025

  

, MIT Technology Review; AI copyright anxiety will hold back creativity

"Who, exactly, owns the outputs of a generative model? The user who crafted the prompt? The developer who built the model? The artists whose works were ingested to train it? Will the social forces that shape artistic standing—critics, curators, tastemakers—still hold sway? Or will a new, AI-era hierarchy emerge? If every artist has always borrowed from others, is AI’s generative recombination really so different? And in such a litigious culture, how long can copyright law hold its current form? The US Copyright Office has begun to tackle the thorny issues of ownership and says that generative outputs can be copyrighted if they are sufficiently human-authored. But it is playing catch-up in a rapidly evolving field.

Different industries are responding in different ways...

I don’t consider this essay to be great art. But I should be transparent: I relied extensively on ChatGPT while drafting it...

Many people today remain uneasy about using these tools. They worry it’s cheating, or feel embarrassed to admit that they’ve sought such help...

I recognize the counterargument, notably put forward by Nicholas Thompson, CEO of the Atlantic: that content produced with AI assistance should not be eligible for copyright protection, because it blurs the boundaries of authorship. I understand the instinct. AI recombines vast corpora of preexisting work, and the results can feel derivative or machine-like.

But when I reflect on the history of creativity—van Gogh reworking Eisen, DalĂ­ channeling Bruegel, Sheeran defending common musical DNA—I’m reminded that recombination has always been central to creation. The economist Joseph Schumpeter famously wrote that innovation is less about invention than “the novel reassembly of existing ideas.” If we tried to trace and assign ownership to every prior influence, we’d grind creativity to a halt." 

Tuesday, December 31, 2024

AI Developments at the U.S. Copyright Office in 2024; IP Watchdog, December 30, 2024

  BARRY WERBIN , IP Watchdog; AI Developments at the U.S. Copyright Office in 2024

"The art challenges the technology, and the technology inspires the art.” Such is the conundrum facing the U.S Copyright Office in this era of rapidly expanding generative artificial intelligence technology. Human creativity has been the cornerstone of copyright protection for original works of authorship ever since the U.S. Constitution recognized copyright as a fundamental right to be protected for limited times. But the tenet that originality exists only when a human is primarily responsible for creating works of authorship is currently in flux and subject to extensive debate. Nowhere is this tension more visible than within the Copyright Office itself, which has been grappling with the core issue of what defines human creation when sophisticated technology like generative AI plays a significant role in creating works of authorship under the direction of a human creator."

Saturday, September 28, 2024

Should You Be Allowed to Profit From A.I.-Generated Art?; The New York Times, September 27, 2024

, The New York Times; Should You Be Allowed to Profit From A.I.-Generated Art?

[Excerpt]

"We attempt to attribute art whenever we can, and anything that’s only for purchase we either avoid or pay for. This particular piece seems to be available only in an Etsy shop, where the creator apparently uses A.I. prompts to generate images. The price is nominal: a few dollars. Yet I cannot help thinking that those who make A.I.-generated art are taking other artists’ work, essentially recreating it and then profiting from it. 

I’m not sure what the best move is...Name Withheld

From the Ethicist:

There’s a sense in which A.I. image generators — such as DALL-E 3, Midjourney and Stable Diffusion — make use of the intellectual property of the artists whose work they’ve been trained on. But the same is true of human artists. The history of art is the history of people borrowing and adapting techniques and tropes from earlier work, with occasional moments of deep originality...

Maybe you’re worried that A.I. image generators will undermine the value of human-made art. Such concerns have a long history. In his classic 1935 essay, ‘‘The Work of Art in the Age of Mechanical Reproduction,’’ the critic Walter Benjamin pointed out that techniques for reproducing artworks have been invented throughout history. In antiquity, the Greeks had foundries for reproducing bronzes; in time, woodcuts were widely used to make multiple copies of images; etching, lithography and photography later added new possibilities. These technologies raised the question of what Benjamin called the ‘‘aura’’ of the individual artwork...

As forms of artificial intelligence grow increasingly widespread, we need to get used to so-called ‘‘centaur’’ models — collaborations between human and machine cognition."

Saturday, June 8, 2024

You Can Create Award-Winning Art With AI. Can You Copyright It?; Bloomberg Law, June 5, 2024

 Matthew S. Schwartz, Bloomberg Law; You Can Create Award-Winning Art With AI. Can You Copyright It?

"We delved into the controversy surrounding the use of copyrighted material in training AI systems in our first two episodes of this season. Now we shift our focus to the output. Who owns artwork created using artificial intelligence? Should our legal system redefine what constitutes authorship? Or, as AI promises to redefine how we create, will the government cling to historical notions of authorship?

Guests:

  • Jason M. Allen, founder of Art Incarnate
  • Sy Damle, partner in the copyright litigation group at Latham & Watkins
  • Shira Perlmutter, Register of Copyrights and director of the US Copyright Office"

Monday, December 4, 2023

Beijing Internet Court Recognizes Copyright in AI-Generated Images; The National Law Review, November 29, 2023

Aaron Wininger of Schwegman, Lundberg & Woessner, P.A., The National Law Review; Beijing Internet Court Recognizes Copyright in AI-Generated Images

"On November 27, 2023 the Beijing Internet Court issued a decision recognizing copyright in AI-generated images. The plaintiff, Mr. Li, used Stable Diffusion (an artificial intelligence) to generate the image involved in the case and published it on the Xiaohongshu platform; the defendant, a blogger on Baijiahao, used the image generated by the plaintiff’s AI to accompany the article, and the plaintiff sued. The Court held that the artificial intelligence-generated image involved in the case met the requirements of “originality” and reflected a human’s original intellectual investment and should be recognized as works and protected by copyright law. This is the opposite of the decision reached by the U.S. Copyright Office in Zarya of the Dawn (Registration # VAu001480196) that did not recognize copyright in AI-generated images. Note this Beijing case is also different from the recent Thaler v. Perlmutter decision (Civil Action No. 22-1564 (BAH)) because Thaler was trying to recognize the AI as the author and not the person using the AI as a tool as author."