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Everything Made By an AI Is In the Public Domain
(doctorow.medium.com)
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this post was submitted on 21 Aug 2023
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You don't own your AI generated likeness, it's public domain.
You can't counter someones argument by just saying the same thing you know. He brings up a good point as you can in fact argue your likeness in court.
This would likely require a court case but chances are the AI law would have to offer an exception to it.
There's a nuanced difference between owning your likeness and owning your AI generated likeness, it will now be up to the courts as to which rights supercede the others and until then the law will be abused.
You effectively no longer have any guaranteed control of the distribution of your AI likeness.
"there's a nuanced difference between owning your likeness and owning a drawing of your likeness..."
We're talking specifically about AI generated content because that's what the court case in the article ruled on, stay on topic. You just proved you don't understand the nuance I'm talking about.
Translation: "I don't have a rebuttal for your argument so I'm going to pretend it's off topic."
If you actually had an argument to make you would explain how the nuance was misunderstood and clarify what you meant. "You clearly don't understand" just screams that you don't have any foundational arguments for your claims.
You want to us to stay on topic?
A work not being eligible for copyright protection does not mean it nullifies existing protections. If someone uses AI to generate an image of Ronald McDonald punching Mickey Mouse in the face and tries to sell it on a shirt they will get sued by both McDonald's and Disney and they will lose easily.
"The courts have declared I don't own the copyright for this" is not a defense for using protected images.
Yes, are you just catching up?
Just catching up to the where I was in the first place? The argument you were so insistent was wrong and proved I "Didn't understand"?
See, that's what happens when you leave for 4 hours, conversations move on, people learn things.
Hey, good on you for learning things and admitting you were wrong.
Next time avoid statements like "stay on topic. You just proved you don’t understand the nuance I’m talking about" and you won't look like such an ass when you actually read the article and realize you were wrong in the first place.
Sure you can. You can also win any argument by replying "no you". You just don't leave a very good impression if you do that.
It's probably just going to fall under existing law and the owner of the AI replaces the owner of the copy that was made (so same laws, no exception). Not sure what law that is exactly, but I assume it involves royalties and the like and there's an exception for certain things, like news and maybe art.
Here's an article on it from the perspective of painting. I don't see why it would any different if it's an AI "painter". It's still technically painting what it does.
Just because (autonomous) ai works cant be copyrighted doesnt mean it cant infringe on copy right.
But it does bring to mind who would be the offender?
Copyright is not ownership. You can own something, but not hold the copyright to it.
Personality rights are also not copyright and as the ruling was not about personality rights, it did not affect these rights (where they exist in the US). Disregarding both AI and the recent ruling, if someone takes a photograph of you, you do not hold the copyright to it, the photographer does. If the photographer then does something with that image that harms your reputation you may be able to sue.
And no, it is unlikely that there is a distinction between one's likeness and "AI generated likeness," it usually doesn't matter if you use a photograph or a drawing of an individual, it is the identity that is protected regardless of what tool was used.
"Any resemblance to actual persons, living or dead, or actual events is purely coincidental."
I can commercialise your AI generated likeness freely under the new laws.
This is on the same level as "You can rob a store then when the cops come to your house say you were never there. They can't arrest you if you weren't at the scene of the crime."
Lying is not a legal defense.
Gotta prove it.
So you admit that I do own my likeness now?
Do you? That depends on your local laws and regulations.