this post was submitted on 20 Aug 2023
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AI-generated art cannot be copyrighted, rules a US Federal Judge::United States District Court Judge Beryl A. Howell found that AI-generated artwork can’t be copyrighted, putting to rest a lawsuit against the US Copyright Office over its refusal to copyright an AI-generated image.

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[–] nous@programming.dev 1 points 1 year ago

When taking a photograph, you chose the settings, you chose the framing, you chose the equipment. That is enough to be illegible for copyright

I assume you mean legible here.

But I can still see the argument going either way. You are right that the prompt might not be copyrightable. Just like a recipe or algorithm is not. But I don't think many are trying to claim copyright on the prompts. It is the output that is of interest and there things become grey. Is choosing a prompt more like picking the settings of a camera, its framing, subject etc? Those are the important part of taking a photo, like a prompt is to creating an AI generated image. There are parallels here that can give a good argument in court I think. And IMO it is more similar to taking a photograph, than it is to a simple recipe.