this post was submitted on 05 Oct 2024
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This article is annoyingly one-sided. The tool performs an act of synthesis just like an art student looking at a bunch of art might. Sure, like an art student, it could copy someone's style or even an exact image if asked (though those asking may be better served by torrent sites). But that's not how most people use these tools. People create novel things with these tools and should be protected under the law.
So what you're saying is that the AI is the artist, not the prompter. The AI is performing the labor of creating the work, at the request of the prompter, like the hypothetical art student you mentioned did, and the prompter is not the creator any more than I would be if I kindly asked an art student to paint me a picture.
In which case, the AI is the thing that gets the authorial credit, not the prompter. And since AI is not a person, anything it authors cannot be subjected to copyright, just like when that monkey took a selfie.
It should be as copyrightable as the prompt. If the prompt is something super generic, then there's no real work done by the human. If the prompt is as long and unique as other copyrightable writing (which includes short works like poems) then why shouldn't it be copyrightable?
Okay, so the prompt can be that. But we're talking about the output, no? My hello-world source code is copyrighted, but the output "hello world" on your machine isn't really, no?
Does it require any creative thought for the user to get it to write "hello world"? No. Literally everyone launching the app gets that output, so obviously they didn't create it.
A better example would be a text editor. I can write a poem in Notepad, but nobody would claim that "Notepad wrote the poem".
It's wild to me how much people anthropomorphize AI while simultaneously trying to delegitimize it.