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

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."