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The philosophical depth of so many comment threads on this post kind of highlights the issue with AI and intellectual property rights.
By definition, AI leverages existing work, crucially in a way that usually does not credit or benefit the original creator.
If I took two images from random creators, cut one out, and pasted it onto the other: have I created a new work? Is it a copyrightable work? (I genuinely don't know the answer to that).
"artist"
Good luck, buddy. AI output has already been ruled not copyrightable. As it should be.
Copyright and patent laws should die altogether.
""my work""
He did not make it. He essentially commissioned a machine to create an image for him using millions of pieces of art that were stolen from artists. It's no different from commissioning an artist to draw something for you, except the artist turns out to be someone who traces bits of other people's art, or copy and pastes it, and then you attempt to take credit for it instead by claiming that you made it. I predict that this lawsuit is not going anywhere as he does not have a proverbial leg to stand on.
What if he wrote the technology himself? Would that count?
What about games with "procedural generation" - does that count?
Last I checked, procedurally generated games all exclusively use their own internal assets. Apples and oranges.
Authors didn't invent the alphabet. Painters didn't invent colors. It's rearranging pre existing work in a way that makes sense to the rules of a new system. Need a stronger definition to explain the difference.
Edit2: I wrote this in response to the first comment I read but after reading rest of thread I wanted this more visible. I'm not karma whoring and didn't mean to spam the comments posting this twice but the comments here are all engaging as fuck but feel like they're all circling around what im specifically pondering.
So why can't he copy right the prompt which created it? Obviously not being 100% cereal about this specific scenario but in the early days of GPT4 I fed it fucking dissertation length prompt threads writing ridiculously niche and in depth scripted functions. I don't know how to code but used a tool to create something extremely useful for my job. Some of the project took weeks to fully put together.
So what Im really asking is, why would it matter if I used cnc lathes to make something id want copywrited/patented or if I use a LLM to make it? Should it be any less protected because it's taking the "muscle" or "legwork" out of it? Should engineers only design prototypes destine for copywrite/TM/R/patent office if the prototype can be made on manual machines? Again, I kinda understand I went over the top with this but I am fascinated with how the fuck people are guna come up with regulatory frameworks to define the modern age of intellectual property and all the TM/C/R/P drama to follow.
Edit: To expand, the shit I have made using GPT having limited but interested experience with IT work also didnt stike me as anything marketable until I got feedback from vendors and customers I gave it to but from reps that didn't know I made it. It's not the point of me asking I just thought itd help anyone who is guna respond to see that my questions are coming from more of a manufacturing a tool type of understanding rather than the AI toookurjerbs from the suffering artist or musician type of understanding.
I'm taking the bait.
The art he prompted was drawn from and trained by art that wasn't his. The art was created by unsuspecting artists and then was blundered together like a frog until it created the image. He may have edited the image later on with a 3rd party program. But that's still altering art built from an amalgamation of others art.
And this isn't the same as line tracing or referencing other's art because that still requires the user to put pen to paper and wholly create something by hand. Or hand to digital modeling software. Something that actually takes hours of work and concentration. Not coming back to your PC to change the wording in your prompt and then walk away for an hour or whatever while it blends stuff together for you.
If the original creator of the art work should get the copyright then the thousands of artists who drew the original training material should get those copyrights.
This is the same problem with AI in other fields. It's drawn from the work of humans.
Moreover, I don't want to remove the human element from art ever.
Huh? Did you respond to the correct comment?
no artist to begin with