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AI and limits to ownership and copyright
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Mar 5, 2023 18:34:23   #
TomHackett Loc: Kingston, New York
 
Who owns the copyright to a work generated by AI?
Who owns the copyright to a composite work that originates in camera and has been edited by AI software?
Who owns the copyright to a composite work that originates in camera and includes elements generated by AI?

These and related issues will be decided by the courts in the coming months and years. Personally, I hope that copyrights are not granted for works generated exclusively by AI. As to photographs edited by AI software, I don't see how they are qualitatively different from photographs edited without the benefit of AI. I recently published a photograph ("Not the best way to become a famous painter") taken by myself (with a camera) that included a small cameo generated independently by AI and then incorporated into a composite. I believe I own the composite, just as with any fine art photograph, and should be able to register the copyright.

Would you claim ownership and the right to register a copyright in someone else's stock image, assuming you paid the appropriate license and credited the original artist? I think not. How about a composite work that included several stock images (for which the license was paid) along with some of your own? Apparently you could if the use substantially transformed the stock image(s) (under the doctrine of "fair use").

I believe incorporation of AI into one's work might be thought of as analogous to incorporation of stock images. What do others think?



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Mar 5, 2023 20:01:33   #
jjanovy Loc: Lincoln, Nebraska
 
Great opening points. Looking forward to an interesting discussion.

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Mar 5, 2023 20:26:24   #
jcboy3
 
TomHackett wrote:
Who owns the copyright to a work generated by AI?
Who owns the copyright to a composite work that originates in camera and has been edited by AI software?
Who owns the copyright to a composite work that originates in camera and includes elements generated by AI?

These and related issues will be decided by the courts in the coming months and years. Personally, I hope that copyrights are not granted for works generated exclusively by AI. As to photographs edited by AI software, I don't see how they are qualitatively different from photographs edited without the benefit of AI. I recently published a photograph ("Not the best way to become a famous painter") taken by myself (with a camera) that included a small cameo generated independently by AI and then incorporated into a composite. I believe I own the composite, just as with any fine art photograph, and should be able to register the copyright.

Would you claim ownership and the right to register a copyright in someone else's stock image, assuming you paid the appropriate license and credited the original artist? I think not. How about a composite work that included several stock images (for which the license was paid) along with some of your own? Apparently you could if the use substantially transformed the stock image(s) (under the doctrine of "fair use").

I believe incorporation of AI into one's work might be thought of as analogous to incorporation of stock images. What do others think?
Who owns the copyright to a work generated by AI? ... (show quote)


I don't see what the issue is. Copyright should belong to the person who created the image. AI is a tool, just like any other tool. The user of the tool gets the copyright. Press a shutter on a camera, hit return on a software command, click a box on a software program...all the same.

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Mar 6, 2023 05:44:16   #
dpullum Loc: Tampa Florida
 
It appears that the image is a violation of the van Goth trade mark of cutting off one's ear.

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Mar 6, 2023 07:42:33   #
ken.toda
 
Very good thoughts in visual image culture and industry. What I see is; a birth of brand new media? I have been naming "pictograph" vs. photograph. From early 19th century we human being successfully created "images" pictures from Light and Chemistry. But what I recall, 1989 I was invited in Kodak demonstrations of digital imaging. There was a dye sub printer XL-4000 (or 4400?) put out a color print. I did not think then, it was a photograph.

Well today, maybe billions of images are circulating around world in this wonderful W.W.W.

It is impossible to apply "COPY RIGHTS" in this new media?

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Mar 6, 2023 08:02:07   #
tcthome Loc: NJ
 
jcboy3 wrote:
I don't see what the issue is. Copyright should belong to the person who created the image. AI is a tool, just like any other tool. The user of the tool gets the copyright. Press a shutter on a camera, hit return on a software command, click a box on a software program...all the same.


Even if the software is purchased, it is really just being leased. That should be the only thing the company who put out the AI owns. The creation belongs to the creator. You know, the person who made the decision to use the software to create. If you used someone elses sky for a replacement & it is there for you to use, you probably had permission to use it without any legal ties. Wouldn't surprise me if the court decides otherwise these days.

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Mar 6, 2023 08:02:59   #
tcthome Loc: NJ
 
TomHackett wrote:
Who owns the copyright to a work generated by AI?
Who owns the copyright to a composite work that originates in camera and has been edited by AI software?
Who owns the copyright to a composite work that originates in camera and includes elements generated by AI?

These and related issues will be decided by the courts in the coming months and years. Personally, I hope that copyrights are not granted for works generated exclusively by AI. As to photographs edited by AI software, I don't see how they are qualitatively different from photographs edited without the benefit of AI. I recently published a photograph ("Not the best way to become a famous painter") taken by myself (with a camera) that included a small cameo generated independently by AI and then incorporated into a composite. I believe I own the composite, just as with any fine art photograph, and should be able to register the copyright.

Would you claim ownership and the right to register a copyright in someone else's stock image, assuming you paid the appropriate license and credited the original artist? I think not. How about a composite work that included several stock images (for which the license was paid) along with some of your own? Apparently you could if the use substantially transformed the stock image(s) (under the doctrine of "fair use").

I believe incorporation of AI into one's work might be thought of as analogous to incorporation of stock images. What do others think?
Who owns the copyright to a work generated by AI? ... (show quote)


What does the software agreement say?

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Mar 6, 2023 10:03:19   #
sippyjug104 Loc: Missouri
 
https://www.copyright.gov/circs/circ42.pdf

This is the information on the copyright registration of photographs by the U.S. Department of Copyright. Copyrighting photographs is not difficult and can be accomplished in a group of up to 750 images. The price is $55 for a group of images.

We must keep in mind that copyright is "the right to copy" which may or may not be granted to someone by the creator of the intellectual property.

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Mar 6, 2023 10:28:16   #
rehess Loc: South Bend, Indiana, USA
 
jcboy3 wrote:
I don't see what the issue is. Copyright should belong to the person who created the image. AI is a tool, just like any other tool. The user of the tool gets the copyright. Press a shutter on a camera, hit return on a software command, click a box on a software program...all the same.

I don’t believe anyone should claim copyright to an image.

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Mar 6, 2023 10:42:44   #
StanMac Loc: Tennessee
 
rlv567 wrote:
Not at all!!

Loren - in Beautiful Baguio City


Yes it is.

Stan

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Mar 6, 2023 10:46:18   #
Cragzop Loc: NYC
 
This image originated as a photo of Saturn I found on the Internet. Using proprietary AI software, I changed it to a completely abstract image.
Since the original photo isn’t mine, does the owner of the original own my interpretation?



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Mar 6, 2023 10:51:03   #
rehess Loc: South Bend, Indiana, USA
 
Cragzop wrote:
This image originated as a photo of Saturn I found on the Internet. Using proprietary AI software, I changed it to a completely abstract image.
Since the original photo isn’t mine, does the owner of the original own my interpretation?

Unless you tell them, how would they ever know??

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Mar 6, 2023 10:58:33   #
Architect1776 Loc: In my mind
 
rehess wrote:
I don’t believe anyone should claim copyright to an image.


Why?

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Mar 6, 2023 11:10:51   #
Chainlink Loc: Central Texas
 
Good Perspective

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Mar 6, 2023 11:39:53   #
rehess Loc: South Bend, Indiana, USA
 
Architect1776 wrote:
Why?

That sort of thinking is why people try to limit photography. Many years ago, a farmer complained when I photographed his barn from the edge of a public street.

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