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Microstock Photography Forum - General => General Stock Discussion => Topic started by: Uncle Pete on February 07, 2023, 12:38
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Heather Whitney and Evangeline Phang at MoFo explore whether artificial intelligence models can be the authors of their outputs for purposes of copyright protection, and whether human use of an AI model results in copyrightable work authored by the human — or in an authorless, uncopyrightable work.
https://mofotech.mofo.com/topics/ai-trends-for-2023-generative-ai-in-the-spotlight
The last one is more for people here: Fair Use
Use of copyrighted works as training data for machine learning (ML). ML requires massive amounts of machine training data. Whether courts agree that the use of copyrighted materials as training data qualifies as fair use will be, as was the case with other disruptive technologies, critical to the future of AI innovation.
WHile we watch and wait for these cases to go through the courts and hopefully to some decision.
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On Feb 22 the US Copyright Office ruled that AI-generated images CANNOT be copyrighted because they are not 'human-generated'.
https://copyright.gov/docs/zarya-of-the-dawn.pdf
Since microstock agencies require that you own the copyright to images that you submit, it would seem that no one can submit AI images.
Will agencies be able to sell to customers the license to use ANY AI-generated images, if the agencies do not own the copyrights? Are all AI images in the public domain now?
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On Feb 22 the US Copyright Office ruled that AI-generated images CANNOT be copyrighted because they are not 'human-generated'.
https://copyright.gov/docs/zarya-of-the-dawn.pdf
Since microstock agencies require that you own the copyright to images that you submit, it would seem that no one can submit AI images.
Will agencies be able to sell to customers the license to use ANY AI-generated images, if the agencies do not own the copyrights? Are all AI images in the public domain now?
As much as I dislike AI generated images and wish them to all burn in hell, I think there is some confusion here.
US Copyright Office ruled that AI-generated images cannot be registered at the US Copyright Office. That doesn't mean that, by law, authors of AI generated content aren't the copyright holders. My images also aren't registered at the US Copyright Office, yet I am still the copyright owner of my images. A registration is not neccessary to own copyright of your image.
Even the US copyright Office itself explains it:
"Your work is under copyright protection the moment it is created."
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On Feb 22 the US Copyright Office ruled that AI-generated images CANNOT be copyrighted because they are not 'human-generated'.
https://copyright.gov/docs/zarya-of-the-dawn.pdf
Since microstock agencies require that you own the copyright to images that you submit, it would seem that no one can submit AI images.
Will agencies be able to sell to customers the license to use ANY AI-generated images, if the agencies do not own the copyrights? Are all AI images in the public domain now?
I think you're a little bit too fast in drawing conclusions... And also a little bit confused.
This is not a court decision; and, in any case, public domain images ARE perfectly legit to be submitted in stock images. Agencies are full of public domain images and clips, just search for "nasa".
About the copyright
Will agencies be able to sell to customers the license to use ANY AI-generated images, if the agencies do not own the copyrights?
The agencies never own the copyright. The copyright stay with the author (if any), or stay public in case of public domain
Are all AI images in the public domain now?
If so, they are sellable. Not the contrary.
it's not a problem for the agency
it's a problem for us