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Why This Award-Winning Piece of AI Art Can’t Be Copyrighted
(www.wired.com)
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this post was submitted on 08 Sep 2023
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When I commission an artist, I'm probably not looking over their shoulder the entire time telling them exactly what to do. But that does bring up an interesting point. Assume I have no use of my limbs and an artist agrees to help me make a painting. I tell them exactly what to do, which colors to use, where to make paint strokes, etc. I am guiding the image, but they are actually painting it, and their own skill and technique and style will obviously play into the final image. I don't know who would have more of a claim to the image in that case.
You don't tell the AI where to make each stroke, exactly what colours to pick and mix, every detail of the composition. The AI preselects everything for you by considering what the majority of people like in pictures.
No one would say the person "guiding the image" is the one who created the image. This is why ideas aren't copyrightable. Everyone has a ton of ideas. It's the execution that matters, which takes skill, patience and dedication.
Most clients have a very defined idea what they want to have drawn or designed. Especially in a higher price segment. This often takes weeks or months and multiple lengthy discussions between the artist and the client. Never have I seen a client later say "Well that took a lot of talking from my side. I guess it's basically me who created this picture!"
I think a lot of people underestimate how much work it takes and since you don't really see anyone creating the image, you get the impression you somehow magiced it into existence by yourself.