An artist who infamously duped an art contest with an AI image is suing the U.S. Copyright Office over its refusal to register the image’s copyright.

In the lawsuit, Jason M. Allen asks a Colorado federal court to reverse the Copyright Office’s decision on his artwork Theatre D’opera Spatialbecause it was an expression of his creativity.

Reuters says the Copyright Office refused to comment on the case while Allen in a statement complains that the office’s decision “put me in a terrible position, with no recourse against others who are blatantly and repeatedly stealing my work.”

  • tyler@programming.dev
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    24 days ago

    Your logic means that every single photo touched by the “content aware delete” in Photoshop is ineligible for copyright which is hilariously incorrect. Your logic would not hold up in court (and hasn’t!).

    That’s like asking “How many alterations do I have to make to an image of the Mona Lisa to transform it into something I can copyright it as my own work?”

    No. No it’s not. The fact you still can’t understand the difference between controlling an image with tools and asking an AI to do everything for you is pretty dang clear. Your logic resides entirely on the user doing everything which is not how art works. Many, many, many, MANY pieces of art do not involve the artist doing anything except setting up the initial conditions and seeing what happens. Since your beliefs hinge so heavily on the fact that you think the artist has to control all aspects of the creation you are refusing to even notice that copyright has held up for these cases, cases not involving AI at all, cases hundreds of years old.

    Of course if they want to lose their copyright, then they are free to tell everyone that they didn’t really have any control over the output. See: Monkey selfie.

    And here we see you misunderstanding why the monkey selfie wasn’t copyrightable. It was not because the artist didn’t control the output. It was because non-humans cannot hold copyright. This is the true reason that AI art shouldn’t be copyrightable. But even legal experts agree that if he had taken it to court that he would have gotten copyright on the monkey selfie. https://policyreview.info/articles/analysis/monkey-selfie-copyright-lessons-originality-photographs-and-internet-jurisdiction

    Your logic around this is not only flawed, it’s just absolutely incorrect and has been shown to be incorrect in court. Control of the artist is not the only arbiter of copyright and you seem to not even have a basic grasp of how basic features like content aware delete in Photoshop even work. I can guess pretty solidly that you have never touched Photoshop nor bothered with something like control net in order to understand the implications of their use as a tool in art are.

    • FlowVoid@lemmy.world
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      24 days ago

      content aware delete

      I didn’t say anything about “content aware delete”

      every single photo touched

      You still haven’t grasped that copyright can be applied to some elements of a photo, but not others.

      user doing everything

      I’ve said many times that copyright protects the creative decisions in a work, which you can’t seem to distinguish from “doing everything”.

      monkey selfie

      Now explain why Andy Warhol could not claim copyright over “Orange Prince”. It has nothing to do with nonhumans or AI.

      I’ll give you a hint: it has to do with creative decisions. Or lack thereof.

      • tyler@programming.dev
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        22 days ago

        Your logic is just absolutely horrendous and outright wrong. Please stop spreading misinformation.

        If you want to make sure AI art can’t be copyrighted there are other actual logical reasons that I’ve already covered. Arguing with you when you clearly don’t understand what you’re talking about is incredibly annoying though so I’m gonna wish you a good day.

        • FlowVoid@lemmy.world
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          21 days ago

          On the contrary, I’m just repeating what courts have already ruled.

          You’re the one spreading misinformation. For instance, you just suggested using AI to delete something would invalidate copyright over the rest of the image, which is simply nonsense.