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DannyBeeyesterday at 6:12 PM2 repliesview on HN

Lawyer here. Its not. This article is highly confused. The case was about whether an AI could be considered an author for copyright purposes. Mainly as a way of arguing for robot rights, not copyright. The person listed the AI as the sole author: On the application, Dr. Thaler listed the Creativity Machine as the work’s sole author and himself as just the work’s owner.

This is not the first time someone tried to say a machine is the author. The law is quite clear, the machine cant be an author for copyright purposes. Despite all the confused news articles, this does not mean if claude writes code for you it is copyright free. It just means you are the author. Machines being used as tools to generate works is quite common, even autonomously. ill steal from the opinion here:

In 1974, Congress created the National Commission on New Technological Uses of Copyrighted Works (“CONTU”) to study how copyright law should accommodate “the creation of new works by the application or intervention of such automatic systems or machine reproduction.”

...

This understanding of authorship and computer technology is reflected in CONTU’s final report: On the basis of its investigations and society’s experience with the computer, the Commission believes that there is no reasonable basis for considering that a computer in any way contributes authorship to a work produced through its use. The computer, like a camera or a typewriter, is an inert instrument, capable of functioning only when activated either directly or indirectly by a human. When so activated it is capable of doing only what it is directed to do in the way it is directed to perform.

...

IE When you use a computer or any tool you are still the author.

The court confirms this later:

Contrary to Dr. Thaler’s assumption, adhering to the human-authorship requirement does not impede the protection of works made with artificial intelligence. Thaler Opening Br. 38-39. First, the human authorship requirement does not prohibit copyrighting work that was made by or with the assistance of artificial intelligence. The rule requires only that the author of that work be a human being—the person who created, operated, or used artificial intelligence—and not the machine itself. The Copyright Office, in fact, has allowed the registration of works made by human authors who use artificial intelligence.

There are cases where the use of AI made something uncopyrightable, even when a human was listed as the author, but all of the ones i know are image related.


Replies

postalratyesterday at 8:56 PM

"the person who created, operated, or used artificial intelligence" so which one is it? because there the person(s) who created the ai is almost always different that the person who used it.

show 1 reply
DrammBAyesterday at 7:14 PM

> Lawyer here. Its not. This article is highly confused.

Did you reply to the wrong comment? I was just saying I like the idea of AI-generated anything being public domain, not that it currently is/isn't.