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filolegyesterday at 5:34 PM1 replyview on HN

The camera analogy breaks at one specific point: who determines the expressive elements of the final work.

With photography, the human determines framing, angle, timing, lens, exposure. The camera just records light from a scene the human selected and composed. Even a random photo reflects where the photographer stood and when they pressed the shutter. The device doesn’t invent the composition.

With AI imagen, the user provides high-level instructions, but the system determines the actual composition, lighting, geometry, textures, etc. The expressive details of the final image are generated by the model, not directly controlled by the user.

That’s why the US copyright laws currently treat them differently. It is less of a "tool vs. tool", and more of whether the human determined the expressive content (or if the system did). Prompting can be creative (in a legal sense), but giving instructions is not the same as controlling the expression.

If I tell a human painter “paint XYZ in an expressionist style,” I don’t become the author of the painting. The painter does, because they determined the expression. And since the painter (in the case of AI imagen) is not a human, then that work usually cannot be copyrighted.

There is an important caveat to all of this: it’s not binary or perfectly clear-cut. If someone iteratively refines prompts, controls seeds, manually inpaints, selects and arranges outputs, heavily edits the result, etc., then those human contributions can be protected. But purely AI-generated output, where the system determines the expressive elements, is not considered human-authored under the current US copyright laws.

Mind you, none of this is perfectly settled, as this is a very rapidly evolving/adapting area of law (as it pertains to AI usage). I am not claiming that this is the end-all of how it should be legislated or that there are no ways to improve it. But the current reasoning within the US copyright law used to address this type of a scenario (at the present moment) doesn't strike me as illogical or unreasonable.


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