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by fsckboy 56 days ago
>isn't prompt design and steering the AI "human creativity"?

yes it is, but that does not make the response by the AI an expression of human creativity and therefore not copyrightable.

If you wrote down your teachings about prompt design and published a book, your expression of your creativity would be copyrightable, but your ideas expressed in the book would not be.

if you-the-creative-human's prompt design was written by you as a computer program, that expression of your ideas would be copyrightable. but other people could just express themselves by typing in what your program does without using your particular expression and would not be stopped by copyright.

it's easy to get in the intellectual weeds questioning this, but just step back to, copyright was intended to give authors an income from their work, without stopping other authors from writing their own works. Everybody gets to write a King Lear play if they want, they just can't copy somebody else's expression of the ideas. What expression is trying to capture is "what makes you different from me, be we alike in most other ways"

as a funny sidelight, the titles of books and movies are not copyrightable nor considered part of the copyrighted work, because they are not considered to, in a sense, "leave enough room to contain expressions of human creativity" although when considered in the larger context might contain creative puns or double meanings that make illuminating sense.

However, the title of a movie may be a trademarked term (like Pokemon, Xformerz, or whatnot) but trademark has a "type" of good or service component (line of business) and the trademark would apply to action figures (dolls) and pajamas (clothing), but not to the film itself.