The US Copyright Office (USCO), the service responsible for copyright in the United States, is against it, but remains open to any examination on a case-by-case basis.
AI programs capable of creating content have become so promising, or frightening depending on the point of view, that they are already beginning to have some influence on our societies. While many institutions have spoken about their potentially questionable uses, it is now the turn of governmental organizations to look into their legal framework.
AI: more than just a tool?
In a new publication of the Federal Register (the equivalent of the Official Gazette in the United States), the USCO indicates that the images produced from programs such as Midjourney or Stable Diffusion are not protected by copyright. Indeed, he considers that, even if AIs need human users to generate their results, they produce the elements that are normally taken into consideration to determine the authorship of a work.
The institution recalls that the level of creativity involved in a work is the most important element in the granting of copyright protection. Current artificial intelligence models are, in her view, incapable of reproducing this creativity. ” The Bureau’s understanding of generative AI technologies available today is that users do not have absolute creative control over how these systems interpret instructions and generate material. “, she explains.
A legal framework under construction
However, the USCO allows itself some leeway, especially in cases where the works are partially composed of AI-generated elements. ” The answer will depend on the circumstances, in particular how the AI tool works and how it was used to create the final work. »
Thus, in the case of a graphic novel by Kris Kashtanova, whose illustrations were created using Midjourney, the agency considered that only the text and the layout could be the subject of a right. author. This decision is disputed by the artist, his lawyers believing that the USCO focuses too much on the result and not enough on the ideas that are at the origin of it.
The legal battles around the subject are just beginning. The publishers of Midjourney and Stable Diffusion, among others, are accused of infringing the copyrights of millions of artists by using their works to build their databases. The judgments resulting from these cases may set precedents for the legislative framework to come.
The artistic world is on the verge of a profound upheaval, and it is a major element of human society that could experience one of the most significant developments in its history. Or maybe not.
Source : Engadget
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