>The Office concludes that, given current generally available technology, prompts alone
do not provide sufficient human control to make users of an AI system the authors of the
output.
Prompts alone.
But there are almost no cases of "Prompts Alone" products seeking copyright.
Even what 3-4 years ago?, AI tools moved into a collaborative footing. Novel AI forces a collaborative process (and gives you output that can demonstrate your input which is nice). ChatGPT effectively forces it due to limited memory.
There was a case, posted here to ycombinator, where a chinese judge upheld "significant" human interaction was involved when a user made 20-odd adjustments to their prompt iterating over produced images and then added a watermark to the result. I would be very surprised if most sensible jurisdictions didn't follow suit.
Midjourney and ChatGPT already include tools to mask and identify parts of the image to be regenerated. And multiple image generators allow dumb stuff like stick figures and so forth to stand in as part of an uploaded image prompt.
And then theres AI voice which is another whole bag of tricks.
>thus most AI output today is probably not copyrightable.
Unless it was worked on even slightly as above. In fact it would be hard to imagine much AI work that isn't copyrightable. Maybe those facebook pages that just prompt "Cyberpunk Girl" and spit out endless variations. But I doubt copyright is at the forefront of their mind.
A person collaborating on output almost certainly still would still not qualify as substantive contributions to expression in the US.
The US copyright's determination was based on the simple analogy of someone hiring someone else to create a work for them. The person hiring, even if they offer suggestions and veto results, is not contributing enough to the expression and therefore has no right to claim copyright themselves.
If you stand behind a painter and tell them what to do, you don't have any claim to copyright as the painter is still the author of the expression, not you. You must have a hand in the physical expression by painting yourself.
>A person collaborating on output almost certainly still would still not qualify as substantive contributions
But then
>You must have a hand in the physical expression by painting yourself.
You contradict yourself. Novel AI will literally highlight your contributions separately to the AI so you can prove you also painted. Image generators literally let you paint over the top to select AI boundaries.
Prompts alone.
But there are almost no cases of "Prompts Alone" products seeking copyright.
Even what 3-4 years ago?, AI tools moved into a collaborative footing. Novel AI forces a collaborative process (and gives you output that can demonstrate your input which is nice). ChatGPT effectively forces it due to limited memory.
There was a case, posted here to ycombinator, where a chinese judge upheld "significant" human interaction was involved when a user made 20-odd adjustments to their prompt iterating over produced images and then added a watermark to the result. I would be very surprised if most sensible jurisdictions didn't follow suit.
Midjourney and ChatGPT already include tools to mask and identify parts of the image to be regenerated. And multiple image generators allow dumb stuff like stick figures and so forth to stand in as part of an uploaded image prompt.
And then theres AI voice which is another whole bag of tricks.
>thus most AI output today is probably not copyrightable.
Unless it was worked on even slightly as above. In fact it would be hard to imagine much AI work that isn't copyrightable. Maybe those facebook pages that just prompt "Cyberpunk Girl" and spit out endless variations. But I doubt copyright is at the forefront of their mind.