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How One Author Pushed the Limits of AI Copyright

WIRED

The novel draws from Shupe's eventful life, including her advocacy for more inclusive gender recognition. Its registration provides a glimpse of how the USCO is grappling with artificial intelligence, especially as more people incorporate AI tools into creative work. Shupe's case highlights some of the nuances of that struggle--because the approval of her registration comes with a significant caveat. Instead she is considered the author of the "selection, coordination, and arrangement of text generated by artificial intelligence." It declined to comment on this story.


US Copyright Office opens public comments on AI and content ownership

Engadget

The technology has increasingly commanded the legal system's attention, and as such office began seeking public comments on Wednesday about some of AI's thorniest issues (via Ars Technica). "The crucial question appears to be whether the'work' is basically one of human authorship, with the computer merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine," the USCO wrote. Although the issue is far from resolved, several cases have hinted at where the boundaries may fall. On the other hand, a Federal judge recently rejected an attempt to register AI-generated art which had no human intervention other than its inciting text prompt. Sarah Silverman is among the high-profile plaintiffs suing OpenAI and Meta for allegedly training ChatGPT and LLaMA (respectively) on their written work -- in her case, her 2010 memoir The Bedwetter. OpenAI also faces a class-action lawsuit over using scraped web data to train its viral chatbot.


Judge rules that AI-generated art isn't copyrightable, since it lacks human authorship

Engadget

The USCO agreed that the work was generated by an AI model that Thaler calls the Creativity Machine. He claimed that the USCO's "human authorship" requirement was unconstitutional. However, Howell indicated that Thaler's case wasn't an especially complex one, since he admitted that he wasn't involved in the creation of A Recent Entrance to Paradise. "In the absence of any human involvement in the creation of the work, the clear and straightforward answer is the one given by the [Federal] Register: No," Howell ruled. Thaler plans to appeal the decision.


Who Owns the Copyright to AI Creations? How Does AI Copyright Work?

#artificialintelligence

So, if an AI makes something, who do we attribute it to? The person who initiated the prompts? Or the sources the AI used? Works are original when they are independently created by a human author and have a minimal degree of creativity. In this incident, British nature photographer David Slater set himself up between 2008 and 2011 to befriend a wild Celebes crested macaques troop.


Copyright Office Artificial Intelligence Initiative and Resource Guide

#artificialintelligence

According to the USCO: "This initiative is in direct response to the recent striking advances in generative AI technologies and their rapidly growing use by individuals and businesses." It is also a response to requests from Congress and the public. A summary of this guidance is here. The Guide provides a convenient collection of relevant materials in one document for your convenience. We are also planning a webinar on legal issues with Generative AI, generating employee guidance on the use of AI and dealing with contractors that produce content for you.


Rise of the Machines: How AI is Shaking Up the Music Industry

#artificialintelligence

Just like Napster triggered a global, technological shift in the way music is consumed and distributed, we are now on the precipice of another major revolution certain to disrupt the music industry. Artificial intelligence, or "AI" as it is more commonly referred, has quickly emerged as a game changer across a myriad of industries and music is no exception. AI offers the promise of innovative opportunities and avenues for music creation, publishing, recording, synchronization, distribution, consumption and revenue generation. However, these opportunities also present significant, novel challenges for music rights holders and users alike--and the legal challenges have just begun. AI is not a new concept.




AI Year in Review: A Busy 2022 for AI and IP Promises Even More in 2023

#artificialintelligence

"Throughout 2021 and 2022, the world began to experiment with a massive influx of commercially available AI-assisted and AI-powered tools that can be used, whether knowingly or unknowingly, during the process of creating, researching, and innovating. Looking ahead to 2023, we will start witnessing the legal and regulatory impact of these tools." In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts. They can also be used to make decisions that affect people's lives, such as in the criminal justice system or in hiring, which raises ethical concerns.


U.S. Copyright Office Rules A.I. Art Can't Be Copyrighted

#artificialintelligence

Thaler first brought the image created by his "Creativity Machine" algorithm to the USCO in November 2018, Eileen Kinsella reported for Artnet News. A Recent Entrance to Paradise is part of a series Thaler describes as a "simulated near-death experience," where an algorithm repurposes pictures to create images seen by a synthetic dying brain. Thaler noted to the USCO he was "seeking to register this computer-generated work as a work-for-hire to the owner of the Creativity Machine." Providing this protection is required under current legal frameworks." Thaler has previously tested the limits of patent laws in numerous countries.