this post was submitted on 22 Sep 2023
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Copyright itself is weird.
That said, a simpler way to handle this would be that the image generator model is a tool. And it doesn't really matter if your input is through a paintbrush or a prompt in an image generator, you're responsible for that piece of content thus you have copyright over it.
You can further couple it with the argument @[email protected] used, that AI art is derivative work, and claim that the authors of the works used to train the model shall have partial copyright over it too.
But it does matter whether your input is a brush or a prompt.
If you physically paint something with a paintbrush, you have a copyright over your work.
If someone asks you to physically paint something by describing what they want, you still have copyright over the work. No matter how picky they are, no matter how many times they review your progress and tell you to start over. Their prompts do not allow them to claim copyright, because prompts in general are not sufficient to claim copyright.
@FlowVoid
So what happens if you use a voice assistant to direct a vacuum cleaner though snow or trace a pattern with paint on a floor?
@lvxferre
A prompt is more than a command. It is a command with an immediate output that is not fully predictable by the prompt-giver.
So for example the copyright office might ask, "This image includes a person whose left eye is a circle with radius 2.14 cm. Why is it 2.14 cm?"
Traditional artist: because I chose to move the paintbrush (or mouse) 2.14 cm. The paintbrush (mouse) can only go where I move it.
Photographer: because I chose to stand 3 meters from the subject and use an 85mm lens on my camera. The magnification (size) of the eye depends only on those factors.
AI-assisted artist: because I asked for larger eyes. I did not specify precisely 2.14 cm, but I approved of it.
In your example, if you can fully predict the output of the vacuum by your voice command, then it is no different than using a paintbrush or mouse.
Counterpoint: imagine that I used physical dice to decide the size of the eyes, I just rolled 4d6 and got 21 so the eye is going to be 21mm large. From a legal standpoint, I believe that I'd be still considered a trad artist; however effectively I'm doing a simpler version of what the image generator-assisted artist does.
The output is still fully predictable by the artist.
The dice didn't make the eyes, after all. They just showed 21, now it's your job to actually make 21mm eyes. In doing so, you could mess up and/or intentionally make 22mm eyes. If someone asks, "Why are these eyes 21mm?", you can answer "I decided to do what the dice asked".
The dice are more like a client who asks you to draw a portrait with 21mm eyes. In other words, they are giving you a prompt. Nobody but you knows if they will get what they asked for.
And arguably, neither the image generator did. Who did were the artists of the works being fed into the model. In this sense, the analogy is like the artist picking an eye from some random picture and, based on the output of the dice, resizing it to 21mm.
The same reasoning still applies to Stable Diffusion etc., given that you can heavily tweak the output through your prompt. And you can also prompt the program to generate multiple images, and consciously pick one of them.
In which case, neither the image generator nor its operator are eligible for copyright.
The point is that the AI generator (or, if you prefer, its training data) exercised direct control over the image, not you. Providing additional prompts does not change this, just as rerolling the dice wouldn't make the dice the author.
For that matter, gives extensive prompts or other artistic direction to a human artist would not make you eligible for copyright, either. Even if the artist was heavily influenced by your suggestions.
Finally, choosing one among many completed works is not a creative process, even if it requires artistic judgment. Choosing repeatedly does not transform it into a creative process. That's why choosing your favorite song does not mean you are a song creator.
Ultimately the only agent involved is the person commanding the vacuum cleaner through the voice assistant. If someone got copyright, that should be that person; and if we're going to be consistent with the current (and rather shitty) typical copyright laws used by plenty govs, it should.