426
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 29 Sep 2024
426 points (100.0% liked)
News
23353 readers
3073 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
I think your approach would not work in practice. The test is not how it plays out when people are cooperating, but what happens when there is a dispute. And if the principle is "providing some input gives ownership" then the photographer, photographer's assistant, agent, employer, and employer's ex-wife will all sue each other over ownership.
In the music industry, you need to actually perform a piece to claim performance credit or specify the verses of a song that you personally wrote to claim writing credit.
I mean, that's any artistic industry, really. Movies aren't solely made by the director, music isn't solely made by the singer. Sometimes those people can be the sole creator of the art, but when they aren't, credit is shared.
Agreed, in which case you would get performance credit and everyone else will get credit for what their contributed. No one gives credit to the microphone cord, though. No one is crediting the studio lights. They aren't sentient. Their intent isn't exerted over the art.
Movies aren't made solely by the director, but certain requirements must be met before one can claim copyright. Hundreds of people can offer their input but not be eligible for copyright, because offering input is not sufficient. There must be some direct control over an element of the output, whether that's the cinematography, writing, or soundtrack.
It's true that inanimate objects can't claim copyright but that does not remove the requirement for direct control. If no human has direct control then the rights revert to public domain, for example no human has direct control of a sunset so a sunset cannot be copyrighted.
Right, and hundreds of people may have programmed the LLM, but they don't get credit for the art.
A human does have direct control, though. I control the keywords. I control the random seed if I don't want it to be random. In the case of MidJourney, I can prompt with an image to control the character, style, and over-all image composition. I have a lot of control over what comes out. Just because I don't control exactly where each pixel goes doesn't mean my intent isn't exerted over the final piece, just like I can't control every bristle on a paintbrush.
You directly control every pixel on your paintbrush, whether you want to or not. Who else controls it? It can only move when your mouse moves, which can only move when you cause your hand to move.
In contrast, you have some control over MidJourney output, but not direct control. Something could appear in the output that you did not cause.
I meant a physical paintbrush, not a digital one. A physical one is effected by many outside forces I have no control over. As far as a digital brush, you are correct, I can control exactly where it goes. If we are going to argue the merits of digital and analogue art and whether one has more value than the other, I think I'll bow out, because even I'm not brave enough to find a soapbox to stand on in that one.
But that would be controlled by something, likely something that has been programmed into it. In dealing with computers, the concept of "random" isn't real. Everything is deterministic. Whether I am the one that forced the output, or it was something that was programmed, it is not the intent of the program, because the program has no intent.
To the extent that you do not control a physical paintbrush, you lose your claim to copyright.
If you left a wet brush on a piece of paper and came back the next day to find the wind had blown it across the paper leaving a paint streak, that paint streak could not be copyrighted. You fully relinquished control of the brush to the wind.
Arguably the same is true of the wind. So to claim copyright, you cannot relinquish control to an inanimate object. Not to the wind, not to an AI.
I wouldn't claim to have created that. I didn't exert my intent. However, if my intent were to show the art of the natural world by allowing the wind to paint on a canvas, that would qualify as art, and could be copyrighted.
You can, if it is your intent. I just finished arguing this point on another part of this thread, but Jackson Pollock and Damien Hirst are two examples of this. They both relinquish their tools to "randomness" and have had their works copyrighted. Control doesn't matter. Intent matters.