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The real reason AI generated content is no threat

May 24, 2006
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Creatives need not fear commercial competition from AI generated content.

In simple words, the US will not issue a copyright for AI generated content. Copyright is assigned to the human individual or organization that actually created it. AI and non-human creative works (ex: animal selfies) don’t meet the definition. So no AI generated content has copyright protection. Which I’m guessing means it can be freely copied or appropriated.

A copyright and IP attorney explains why the USPTO has ruled this way:

 
You are of course aware that a human can submit AI generated content for copyright. No? Search “news” or “sports” or “entertainment” and click on a few articles. At least one of them will be AI in full and will be copyrighted.

Use one of the “free” reads of any subscription online newspaper. Read away. The little footnote will define that it’s copyrighted. The USPTO is playing catch up and will be forever.
 
You are of course aware that a human can submit AI generated content for copyright. No? Search “news” or “sports” or “entertainment” and click on a few articles. At least one of them will be AI in full and will be copyrighted.

Use one of the “free” reads of any subscription online newspaper. Read away. The little footnote will define that it’s copyrighted. The USPTO is playing catch up and will be forever.

I am aware. And an IP attorney I ran it past said there’s a good likelihood the copyright wouldn’t hold up in court. But never say never when it comes to what a court will decide i suppose.
 
OP's comment is not the biggest threat because many creatives don't own what they create -- it's "work for hire" and owned by the purchaser. The downside for creatives is as the models improve, there will be less of a need to hire creatives to do jobs that can be executed with a one-line statement and delivered as high quality output. This directly cheapens the value of what creatives provide. Commercial buyers' will henceforth say, "You want HOW MUCH to do this job? Forgeddaboutit! I'll just have the bot take care of it ... for FREE!

I know this from personal experience as a commercial ghostwriter in the technology industry. Because virtually all of what I write is based on new (and not-yet-written-about) innovations, ChatGPT et. al. has not hit me yet because the models learn on prior art / publications / music / etc. But it's getting better faster than I can write these words. I see this as an existential threat, but we'll have to see how it plays out. I'm on high alert....
 
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Creatives need not fear commercial competition from AI generated content.

In simple words, the US will not issue a copyright for AI generated content. Copyright is assigned to the human individual or organization that actually created it. AI and non-human creative works (ex: animal selfies) don’t meet the definition. So no AI generated content has copyright protection. Which I’m guessing means it can be freely copied or appropriated.

A copyright and IP attorney explains why the USPTO has ruled this way:


Oooo, another Youtube video with some schmuck making a stupid face…well then, this must be authoritative and vetted information.

Legalities aside, it still removes creativity from human control, devaluing it in the process. Let alone(in addition)being potential manipulation of the truth/reality, if that matters to anyone.
 
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I am aware. And an IP attorney I ran it past said there’s a good likelihood the copyright wouldn’t hold up in court. But never say never when it comes to what a court will decide i suppose.
My wife is a highly published health science researcher specializing in tobacco policy, pretty specific. My introduction to AI to her was using GPT to write an abstract on college campus tobacco policy enforcement in rural campuses over 30,000 students in the style of (her name). It blew her mind a little because it cited her mentor and several of her grad students’ works.
But in the end she’s the only one on earth who would have known she didn’t write it. I know there will be regulations. I also know those regulations will be signed into law by grandpas and grandmas and the rate of the technological advancement will far exceed the capability of enforcement.
I don’t envy you in your position as it will be the Wild West for a good while.
 
Creatives need not fear commercial competition from AI generated content.

In simple words, the US will not issue a copyright for AI generated content. Copyright is assigned to the human individual or organization that actually created it. AI and non-human creative works (ex: animal selfies) don’t meet the definition. So no AI generated content has copyright protection. Which I’m guessing means it can be freely copied or appropriated.

A copyright and IP attorney explains why the USPTO has ruled this way:



Human communication precludes any need, or use, for AI.

"Yeah, yeah, but your scientists were so preoccupied with whether or not they could that they didn't stop to think if they should." Dr. Ian Malcolm, Jurassic Park
 
Hot off the presses. Today Adobe (foundational software tools for the creator class) announced these features for its Firefly generative AI initiative:
  • Text to color enhancements: Change color schemes, time of day, or even the seasons in already-recorded videos, instantly altering the mood and setting to evoke a specific tone and feel. With a simple prompt like “Make this scene feel warm and inviting,” the time between imagination and final product can all but disappear.
  • Advanced music and sound effects: Creators can easily generate royalty-free custom sounds and music to reflect a certain feeling or scene for both temporary and final tracks.
  • Stunning fonts, text effects, graphics, and logos: With a few simple words and in a matter of minutes, creators can generate subtitles, logos and title cards and custom contextual animations.
  • Powerful script and B-roll capabilities: Creators can dramatically accelerate pre-production, production and post-production workflows using AI analysis of script to text to automatically create storyboards and previsualizations, as well as recommending b-roll clips for rough or final cuts.
  • Creative assistants and co-pilots: With personalized generative AI-powered “how-tos,” users can master new skills and accelerate processes from initial vision to creation and editing.
See: Goodbye to the fat middle