Controversial AI art piece from 2022 lacks human authorship required for registration.
Good. Maybe this could put a stop to the attempts by companies to gut their payroll and replace artists with software.
Using automation tools isn’t something new in engineering. One can claim that as long as a person is involved and guiding/manipulating the tool, it can be copyrighted. I am sure laws will catch up as usage of AI becomes mainstream in the industry.
I dont think AI is equivalent. It can create content without you being involved and in massive quantities. It is very much capable of decimating the workforce.
You have to remember that you exist in a capitalist system that would love very much to replace you with cheaper labor if it could and there is no human that can possibly work for cheaper than an appropriately trained AI.
The only way that an artist would have a chance to survive is either through maintaining the craft via the novelty of it. I.e hand drawn/painted etc. (Which would be progresssively easier to fake) Or to become one of the people that make prompts and dont actually generate the content themselves. And the latter group of people is going to shrink over time as AI gets better at making content with little input. So any precedent set now is going to cause issues down the line when the tide shifts in AI’s favor.
I agree that AI can decimate workforce. My point is, other tools did that already and this is not unique to AI. Imagine electronic chip design. Transistor was invented in 40s and it was a giant tube. Today we have chips with billions of transistors. Initially people were designing circuits on transistor level, then register transfer level languages got invented and added a layer of abstraction. Today we even have high level synthesis languages which converts C to a gatelist. And consider the backend, this gate list is routed into physical transistors in a way that timing is met, clocks are distributed in balance, signal and power integrity are preserved, heat is removed etc. Considering there are billions of transistors and no single unique way of connecting them, tool gets creative and comes with a solution among virtually infinite possibilities which satisfy your specification. You have to tell the tool what you need, and give some guidance occasionally, but what it does is incredible, creative, and wouldn’t be possible if you gathered all engineers in the world and make them focus on a single complex chip without tools’ help. So they have been taking engineers’ jobs for decades, but what happened so far is that industry grew together with automation. If we reach the limits of demand, or physical limitations of technology, or people cannot adapt to the development of the tools fast enough by updating their job description and skillset, then decimation of the workforce happens. But this isn’t unique to AI.
I am not against regulating AI, I am just saying what I think will happen. Offloading all work to AI and getting UBI would be nice, but I don’t see that happening in near future.
I don’t see the problem with getting replaced by AI or computers.
The goal should be that nobody has to work anymore. And we are free to follow our passions, instead of grinding our way through life in order to survive.
I know the idea doesn’t go hand in hand with Capitalism, but most things don’t so that isn’t unusual.
Thing is… if you are an artist that creates art because creating new things is the fun part to you, what do you do when AI can do everything you can but better and faster with no real input from you? This isnt even about making a living at that point but that the thing you chose to put all that work into, is now effectively something you dont meaningfully contribute to.
And lets be honest, this is capitalism were talking about. Do you really think the rich fucks that benefit from this are going to willingly share that extra productivity with the workers they displace? Or that the government is going to effectively handle the economic transition? Because productivity has been skyrocketing for years but wages havent.
People have this idea that AI could free us from needing to work but forget all the advances that increased productivity over and over that never lifted the burden. Back decades ago if you told someone that we were as productive as we are today, theyd expect that we worked 20 hours a week and lived luxuriously but in reality most people work at least 40 and barely scrape by. The situation is worse for anyone whose craft was made irrelevant by new technology. Good news! Your job isnt necessary. Bad news! Capitalism still expects you to “pull your weight” like it always has.
Every time something disruptive like this came about it effectively relegated whatever that was replaced to a small niche but in the case of AI, there is really nothing that you can do that it in principle cant. There isnt really a niche you will fit into at some point whether its your job or a hobby. If you are like me and enjoy creating things that have never been created before, youre done. AI can eventually create a million new things by the time you create one… that it already effectively made hundreds of thousands of iterations ago.
For AI to do what people are hoping it does, things have to play out differently this time than they have ever played out in history. The productivity gains have to match income. Inflation has to either be at or below the rate that income increases. And you have to find out how to tackle the fact that AI wont replace everyone all at once, it’ll do so sequentially. So the guy that used to be able to make a living drawing stuff, whose hobby and job overlapped, is now going to have to take out garbage instead because AI hasnt made robots cheap enough to replace them yet. Yet being the key word, eventually the only people that would have work are people that either manipulate or maintain the AI doing all of the work that remains and even that gets replaced at some point. All the while the value of peoples’ labor drops like a stone because AI can do whatever you can do with nothing more than electricity and occasional maintanence. No need for sleep, no need to eat or medical care, no family to support, no desire to travel or have recreation, the perfect worker.
The issue ultimately is that AI requires that we smoothly transition from a mostly capitalist system to a mostly socialist system without the zone of pain between them. And thats just the economic side of it.
Ha.
A lot of money will fly and laws and views will change like butter in the sun.
Just for once Id like to be optimistic
Pretty sure this case is dead. The copyright office did the same thing with the monkey selfies and the ai art piece from stephen thaler. That “void of ownership” is just public domain. Gonna be interesting what other kind of ai cases come up later though.
If those people have ever tried actually using image generation software they will know that there is significant human authorship required to make something that isn’t remotely dogshit. The most important skill in visual art is not how to draw something but knowing what to draw.
If I took a few hours to make an impressive AI generated price of art, that’s still %0.0001 the amount of time an actual a real artist would’ve spent developing the skill and then taking the time to make the peice. I get to skip all that because AI stole the real artists’ works.
What about photographers?
I don’t think “amount of work” is a good measurement for copyright, if you scribble something in 2 seconds on a piece of paper you still own the copyright, even if it’s not a great piece of art.
I’m pretty specifically trying to bring to mind the time it takes to hone the skill. Photography is similar in that it takes many many hours to get to the point where you can produce a good work of art.
If an artist (or photographer) spends a couple hours on a peice, that’s not the actual amount of time needed. It takes years to reach the point where they can make art in a few hours. That’s what people are upset about, that’s why nobody cares about “it took me hours to generate a good peice!”, because it takes an artist 10,000 hours.
What AI art is doing is distilling that 10,000 hours (per artist) into a training set of 99% stolen works to allow someone with zero skill to produce a work of art in a few hours.
What’s most problematic isn’t who the copyright of the AI generated age belongs to, it’s that artists who own their own works are having it stolen to be used in a commercial product. Go to any AI image generator, and you’ll see “premium” options you can pay for. That product, that option to pay, only exists on the backs of artists who did not give licensing for their works, and did not get paid to provide the training data.
People have made millions off of photographs despite having zero training and only casually snapping the photo. You can get lucky, or the subject of your photo might be especially interesting or rare (such as from a newsworthy event).
I think we need something more nuanced than ‘effort input’
Photographers must have downvoted you. You don’t have to be skilled to take a really good photo. You do have to be skilled to it regularly, though.
Look, if I train a monkey to draw art, no matter how good my instructions or the resulting art is, I don’t own that art, the monkey does.
As non-human animals cannot copyright their works, it then thusly defaults to the public domain.
The same applies to AI. You train it to make the art you want, but you’re not the one making the art, the AI is. There’s no human element in the creation itself, just like with the monkey.
You can edit or make changes as you like to the art, and you own those, but you don’t own the art because the monkey/AI drew it.
Does my camera own my art, and not me?
No, because there’s a fundemental difference between a tool that functions directly as a consequence of what you do, and an independent thing that acts based on your instruction.
When you take a photo, you have a direct hand in making it - when you direct an AI to make art, it is the one making the art, you just choose what it makes.
It’s as silly as asking if your paintbrush owns your art as a response to being told that you can’t claim copyright over art you don’t own.
It’s actually gotten significantly easier, which makes this artist’s work even more impressive. There is a very real chance they spent more time on this piece than other artists they were up against spent on theirs. I generate thousands of images a month, and sure, I can just take the first thing midjouney throws at me and be satisfied with 80% accuracy, or I can work and rework, each generation with diminishing returns, until I get to 98% accuracy and just accept that it’s not capable of 100% yet.
There is a very real chance they spent more time on this piece than other artists they were up against spent on theirs. I generate thousands of images a month
… you’ve never actually made art, have you? The sort of stuff that you enter into contests takes months to make, from the actual painting to rough sketches to reference gathering, and that’s just the basics
Clicking a button a thousand times isn’t really comparable
I’m not at all disagreeing with the overall sentiment here, but having given it a go, I will say AI image generation is a very tedious endeavor many times.
It’s not just clicking a button. It’s closer to trying to Google some very specific, but hard to find medical problem. You constantly tweak and retweak your search terms, both learning from what has been output so far and as you think of new ways to stop it from giving you crap you don’t want. And each time you hit search the process takes forever, anywhere from 5 minutes to 5 hours.
I don’t really feel like this constitutes skill, but it does represent a certain amount of brute force stubbornness to try to get AI image generation to do what you want.
Ok using your Google analogy - there’s a reason why “librarian” is a job and “Googler” isn’t. One requires years of skill and practice to interpret a request and find the right information and do all sorts of things, and the other is someone kinda bashing keys to make Google give them what they want. You wouldn’t put them in remotely the same class
Software Engineers have entered the chat
… you’ve never actually made art, have you?
I drew a pony when I was 6? Does that count? Or does gatekeeping art go that far?
Maybe if you spent some of that time you spend tweaking settings on midjourney practicing art, you’d make something worthwhile and not just generated content slop. :)
Yeah, or I could continue doing what I enjoy in the way that I enjoy it, and you can fuck off with your judgemental comments.
Enjoy adding negative value to the world
You making up a To-Do list of things you’ll try to accomplish today?
We’re gonna have some juicy legal battles when Hollywood start leveraging generative AI more and more
This is the best summary I could come up with:
Because Mr. Allen is unwilling to disclaim the AI-generated material, the Work cannot be registered as submitted," the office wrote in its decision.
In this case, “disclaim” refers to the act of formally renouncing or giving up any claim to the ownership or authorship of the AI-generated content in the work.
In August 2022, Artist Jason M. Allen created the piece in question, titled Theatre D’opera Spatial, using the Midjourney image synthesis service, which was relatively new at the time.
The image depicting a futuristic royal scene won top prize in the fair’s “Digital Arts/Digitally Manipulated Photography” category.
In his appeal, Allen claimed that “the Office is placing a value judgment on the utility of various tools” and that denying copyright protection for AI-generated artwork would result in a “void of ownership.”
More recently, it also denied copyright registration for an image that computer scientist Stephen Thaler claimed was autonomously generated by his AI system.
The original article contains 536 words, the summary contains 155 words. Saved 71%. I’m a bot and I’m open source!
Why do photographers get copyright over their pictures then?
They’re just pointing a camera at something and pressing a button.AI is a tool like any other.
Because the human element is in everything they had to do to set up the photograph, from physically going to the location, to setting up the camera properly, to ensuring the right lighting, etc.
In an AI generated image, the only human element is in putting in a prompt(s) and selecting which picture you want. The AI made the art, not you, so only the enhancements on it are copywritable because those are the human element you added.
This scenario is closer to me asking why can’t I claim copyright over the objects in my photograph, be
This scenario is closer to me asking why I can’t claim the copyright of the things I took a photograph of, and only the photograph itself. The answer usually being because I didn’t make those things, somebody/something else did, I only made the photo.
Edit: Posted this without realising I hadn’t finished my last paragraph. Oops
It’s honestly pretty much the same with ai, there’s lots of settings, tweaking, prompt writing, masking and so on… that you need to set up in order to get the result you desire.
A photographer can take shitty pictures and you can make shitty stuff with AI but you can also use both tools to make what you want and put lots of work into it.
The difference is it’s not you making the art.
The photographer is the one making the photo, it is their skill in doing ehat I described above that directly makes the photo. Whereas your prompts, tweaking, etc. are instructions for an AI to make the scenery for you based on other people’s artwork.
I actually have a better analogy for you…
If I trained a monkey to take photos, no matter how good my instructions or the resulting photo are, I don’t own those photos, the monkey does. Though in actuality, the work goes to the public domain in lieu as non-human animals cannot claim copyright.
If you edit that monkey’s photo, you own the edit, but you still don’t own the photo because the monkey took it.
The same should, does currently seem to, apply to AI. It is especially true when that AI is trained on information you don’t hold copyright or licensing for.
Actually, that’s a really good analogy, and it helped me think about this in a different way.
What if the monkey is the camera in this situation, and the training the monkey part is like designing the sensor on the camera. You can copyright the sensor design(AI Model), and the photo taken using the sensor (output), so the same should apply to AI art, shouldn’t it?
You’re losing the analogy here because these things aren’t analogous. You can only copyright what comes out of the sensor because you took the photograph. Not everything that comes out of a camera sensor is copyrightable, such as photos taken by non-humans.
There’s a fundemental difference between a tool that functions directly as a consequence of what you do, and an independent thing that acts based on your instruction. When you take a photo, you have a direct hand in making it - when you direct an AI to make art, it is the one making the art, you just choose what it makes.
When you take a photo, you have a direct hand in making it - when you direct an AI to make art, it is the one making the art, you just choose what it makes.
I understand what you mean, but you’re still directing the Camera; you’re placing it, adjusting the shot, perfecting lighting etc. Isn’t AI art the same? You have a direct hand in making what you want; through prompting, controlnet, Loras and whatever new thing comes along.
The camera simply puts what you see through the viewfinder into a form that can be stored, you’re the one who decides everything about the shot.
Whereas no matter how good your prompting is, it is ultimately the AI who interprets your parameters, who creates the images for you. It is the one doing the artistic work.
Do you not notice the difference? As I said in my last reply, your camera is a tool that functions directly as a consequence of what you do. An AI acts independently of you based on your instruction. It is not the same thing.
Also, I absolutely agree with @Eccitaze
The scene isn’t copyrighted, anyone could go to the scene (theoretically) and take their own photo from a different angle. What’s copyrighted is the expression that went into staging the shot.
An AI tool is the one doing the creative expression when generating its images is the argument. The prompt is where the creative expression of the user ends, and copyrighting just a phrase seems ridiculous. I tend to agree with these sort of arguments, especially when models like this are often trained on other people’s copyright work.
US has a shitty copyright system. Got it.
Cool. Ugly ass Ai trash
