The US Copyright Office has ruled that AI-generated art cannot be copyrighted, raising questions about whether AI-generated art should be excluded from copyright protection.
The Copyright Office argues that AI-generated art is a 'merely mechanical' process with no novelty, invention, or originality, and therefore does not deserve copyright protection.
Critics, however, argue that this approach is not scalable and fails to consider the creative choices made by AI artists.
They suggest that AI-generated art should be treated similarly to photography, where even though the image is captured mechanically, it still reflects the creative choices of the photographer and is eligible for copyright protection.
Photographers are able to own the copyright in their photographs because they make creative judgments about where to point the camera, when to snap the image, and how to adjust camera settings.
Similarly, AI artists explore the 'latent space' of images that AI software can produce, making creative judgments about which images to select and explore.
While the actual image is produced by the software, the important point is that a human being is making creative decisions about the art.
Therefore, critics argue that AI-generated art should be eligible for copyright protection, as it reflects the creative choices and judgments of the AI artist.
Source : https://www.understandingai.org/p/dont-exclude-ai-generated-art-from
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