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filolegyesterday at 3:01 PM1 replyview on HN

Those two hypothetical scenarios you listed don’t necessarily work the way you are describing it, which is why the whole logic and mechanisms behind the US copyright laws might seem incomprehensible or illogical to you.

In reality, it is way more complex and less clear-cut. Which makes sense, because oversimplifying it will lead to silly-sounding conclusions and an almost entirely incorrect understanding of how this works.

For those who don’t want to read the actual full explanation (which is a totally normal position, as the explanation is going fairly into the weeds), I will just a put a TLDR summary at the end. I suggest everyone to check out that summary first, and then come back here if there is interest in a more detailed explanation.

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First, we gotta settle on 3 key concepts (among many) the US copyright law relies on.

1. Human authorship - self-explanatory; you cannot assign authorship to a fish or your smartphone.

2. Original/minimal creativity - some creative choices, not just "I pressed the button."

3. Fixation - the content needs to be recorded on a tangible medium; you cannot copyright a "mood" or a thought, since those aren’t tangible media.

Now onto your hypothetical scenarios:

1) "Initialize an algorithm to point your camera at the street and write those bytes to disk and you are the author of a perpetual stream of data."

Writing bytes to disk satisfies fixation, but it doesn’t automatically make you the author of a copyrightable work. You gotta satisfy the minimum creativity requirement too (e.g., camera positioning, setup, any other creative choices/actions, etc.). Otherwise you are just running a fully automated security cam feed with zero human input, and those videos aren’t easily copyrightable (if at all). You might own copyright in a video work if there’s sufficient human creative authorship - but mere automated recording doesn’t guarantee that.

2) "Initialize an algorithm to point your camera at the street and describe those bytes in words and you are no longer the author a perpetual stream of data."

This is just close to being plainly incorrect. If you (a human) write a textual description, that text is typically copyrightable as a literary work (assuming it’s not purely mechanical like "frame 1: car, frame 2: another car, etc." with no expressive choices). Creating a description doesn’t erase any copyright you may or may not have had in the underlying recording. They’re just different works (audiovisual work vs. text work).

Important to note: neither makes you the author or owner of the underlying "data" of reality, because copyright protects expression, not the underlying facts.

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TLDR:

* Recording the street can produce a copyrightable work if there is human authorship and minimal creativity in how the recording is made. Pure automated capture may fail that.

* Describing the street in words is usually a separate, independently copyrightable work (e.g., a text or audio version of those words), but it doesn’t change the status of the underlying recording.


Replies

alistairSHyesterday at 4:03 PM

But how does that apply to photography vs AI photo generation?

Photo (w/ camera): 1. MET: Human authorship - somebody picked the tools (lens, body) and used them.

2. MET: Creativity - somebody chose a subject, lighting, etc.

3. MET: Fixation - film (or SD card)

Photo (w/ AI): 1. MET: Human authorship - somebody picked the tools (models etc) and used them.

2. MET, maybe?: Creativity - somebody wrote the prompt, provided inputs, etc. (how is this substantially different than my wife taking a random snapshot on her phone?)

3. MET: Written to disk, same as a digital camera.

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