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this post was submitted on 25 Jul 2023
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Gaming
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I think courts in the US are slowly coming to the consensus that AI-generated content is not eligible for copyright. My opinion is that this solves the problem rather perfectly; companies now have an incentive to use humans, because if they use AI to make content then anyone is free to rip off that content, and I think that's the way it should be.
AI should benefit humanity, and its products should be open and available for everyone, rather than being something for corporations to exploit for their own sole benefit.
So how much human involvement is required for something to become eligible for Copyright? If I'm an artist and I draw a character all by myself, but use AI to fill in the background, would that be eligible? If I'm a software developer and I occasionally let copilot autocomplete a line because it suggested the correct thing, does that mean the entire programm is now impossible to Copyright? Where is the line?
The Copyright Office recently released a webinar on just this point. Basically anything that is creative and human generated is still granted copyright, but the AI generated components are themselves non-copyrightable. In your examples, those components are fairly de minimis (small and insubstantial) and so the overall copyright of the work wouldn't be impacted.