Do “you choose” to angle the phone slightly up 5 degrees to capture a bit of the sky? Or do “you choose” the moment to take the photo when the timing is right? There is always some creative decision involved by the person who presses the shutter
So if I ask someone to take a photo, but I tell them "tilt the camera", I am the copyright holder, but if they do so without me "prompting" them, then I no longer am?
What if Louis XVI ask Antoine Callet to use a lighter color for his skin? Does he own the Callet painting copyright?
You can prompt whatever you want but won’t own the copyright. Photographer will choose himself if he follow or not your "prompt", what side and angle he tilt, the zoom, when to press the shutter…
What if I set a delay but it is not technically me who presses the key? Would that count because it was me who set the delay? What if I tell a friend to set the delay?
All this is pretty much grey area anyways. Both sides have merit.
There's plenty of jurisprudence on these issues for posters here to interact with, but in classic HN style, they will just keep pushing these arguments back and forth based on the headline for this one instance. People just want to play law, not actually interact with it.
Mises supported intellectual property rights, including copyright, as a necessary legal tool in a free-market economy to incentivize creativity and innovation. He viewed intellectual property as a socially constructed right to protect creators' labor but cautioned against excessive or monopolistic extensions that could harm competition and economic efficiency.
Rothbard opposed intellectual property rights, including copyright, as state-enforced monopolies that interfere with the free market. He argued that ideas, being non-rivalrous, cannot be owned like private property. Rothbard believed intellectual property could be protected through voluntary contracts, without state involvement, in a truly free market.
To say on topic:
Mises: Likely supports copyright for AI-generated art if the human user contributes creatively (prompt, modifications).
Rothbard: Opposes copyright for AI-generated art, as he believes intellectual property should be based on human labor and not state-enforced monopolies.
To be fair, a prompt fed into a generative tool _could_ be considered an artist's creative expression.
I wonder about something like this[0]. So much awesome engineering went into it. And the guy is clearly an artist and considers himself an artist[1]. As it is his own tool, are the random splatters it generates not copyrightable?
>To be fair, a prompt fed into a generative tool _could_ be considered an artist's creative expression.
Depending on if the prompt met other guidelines for copyright, it would be pretty uncontroversial to say you own the copyright on the prompt.
Copyright on the picture, is about as assignable as if you invited ten painters over to your house and read the prompt as spoken word poetry, then received one painting at random. The fact that your prompt won't reliably produce the same picture suggests that you are not in control of the artistic choices made, and therefore have no claim to the copyright.
>a prompt fed into a generative tool _could_ be considered an artist's creative expression.
Then it's the prompt that is copyrighted, not the end result.
US copyright law specifically states that only works fixed into existence by a human author can be copyrighted, and specifically excludes processes or procedures by which a work might ultimately come to be fixed.
In terms of AI, then it should be clear that the prompts (that AI used to generate my work) are my creative expressions. Sure, the AI may alter it in some unknown ways, but does this make it any less so my creative expression?
(No)