this post was submitted on 31 Jul 2023
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The requirement of proof is on the one making the lawsuit. So if you generate AI content and I steal it, you must prove you own the copyright. With AI-generated content, you do not own the copyright. I can take it without issue.
But then, it begs the question, how would you prove it's an AI work? For all anyone knows, it's my art, I made it, it's undistinguishable from what I could make. What the court will see is, I submitted that art in the Internet, you take that, I sue you for copyright, you argue it's an AI work, and the Court will request you to prove it really is an AI work, and perhaps launching an investigation on me to see whether I really made the AI artwork.