Hacker News new | ask | show | jobs
by otakucode 2397 days ago
We all do what? We don't all take your specific work, train a model on it, and then select an output to present as a new work. Those are the creative acts. And certainly, the output may be indistinguishable from something you yourself created, and given the structure and nature of neural nets it might even cause you substantial existential angst to see such work, but I don't see how any of those things would weigh in to a copyright claim. Your best bets for a claim would be either a claim of a 'derivative work' being created or perhaps that the use of your original work does not fall under the Fair Use case. Fair Use would be very weak here because generally you would need to show that the 'heart' of the work (your originals) was duplicated. Similarly a claim of 'derivative work' would have to be novel and would be very difficult when the actions of the AI author are considered to be part of the authoring process while your authorship process is very different. I could see it possible, but unlikely, than an ML system would produce something which, had it been produced otherwise by a human, could be recognized as a derivative work. That would be the criteria, likely the main if not sole criteria, used in a court case.