[bjt]

It's partly about Netflix getting sued by someone claiming infringement, but also partly (maybe mostly) about Netflix maintaining their right to sue others for infringement.

The scenario looks like this:

* Be Netflix. Own some movie or series where the main elements (plot, characters, setting) were GenAI-created.

* See someone else using your plot/characters/setting in their own for-profit works.

* Try suing that someone else for copyright infringement.

* Get laughed out of court because the US Copyright Office has already said that GenAI is not copyrightable. [1]

[1] https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...

[babyshake]

This scenario only plays out if it is known what was or wasn't made with GenAI.

[Aloisius]

It would become known during discovery.

[amelius]

How can you find out if an AI created something versus a human with a pixel editor?

[Aloisius]

In a legal case? You question the authors under oath, subpoena communications records, billing records, etc.

If there's even a hint that you used AI output in the work and you failed to disclose it to the US Copyright Office, they can cancel your registration.

[Bombthecat]

You need to say you improved on the work of AI and it's yours.

Now you can sue