this post was submitted on 13 Sep 2023
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Controversial AI art piece from 2022 lacks human authorship required for registration.

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[–] [email protected] 15 points 1 year ago (2 children)

Because photographs don't require other people photographs to work. It just requires the labour of the engineers at Nikon and you payed them by buying the camera.

Use an AI algorithm with no training set and see how good your tool is.

[–] [email protected] 15 points 1 year ago (2 children)

What if I used an open source algo with my own photographs as a dataset πŸ€”

[–] [email protected] 19 points 1 year ago

Then absolutely go ahead. That isn't what the guy in the post did tough.

[–] [email protected] 9 points 1 year ago (1 children)

I don't see why you wouldn't be able to keep copyright then. Everything involved would have been owned by you.

That is a big difference to how other generative models work though, which do use other people's work.

[–] [email protected] 5 points 1 year ago (1 children)

Because you would have to prove that the AI only learned from your work and it’s my understanding that there is no way to track what is used as learning material or even have an AI unlearn something.

[–] [email protected] 1 points 1 year ago

The people that is stealing art designed their algorithm to not contain proof that they stole art. If they are legally required to prove what training data they used in order to get a copyright then they will design the AI around that. That would immediately disqualify most of the current AIs because they have all been fed stolen art but I am sure they have the tech and capital to start over. And you know, Fuck em.

[–] [email protected] 2 points 1 year ago (1 children)

Did you know that it is illegal to take a photograph of the Eiffel tower at night? France lacks the right of panorama, and the lighting system was designed by someone still living. So photographs do require violating copyright law sometimes.

[–] [email protected] 1 points 1 year ago (1 children)

no no. You are not REQUIRED to break other peoples copyright in order to produce something with a camera. It is something you CAN do if you want to. AI literally cant function without a library of other peoples photos.

Someone else brought this up in this thread and it is the only circumstance should be able to copyright an AI artwork. If you own the copyright to every single piece of art in the training data. If I take 10.000 photos that are mine and feed them into an AI that produces more photos that are entirely based on my work then it should be copyrightable.

[–] [email protected] 1 points 1 year ago (2 children)

Everything in this world is owned by someone, either privately or by the government. (Well, astrophotography is an exception, but I did say 'in this world') You CANNOT take a photo without pointing it at something that is owned by someone. Is photography theft then?

[–] [email protected] 1 points 1 year ago

Let's break down some of the confusion you're experiencing.

  • When it comes to buildings there is indeed copyright on the building itself. The question is did you get a usage license from the owner to photograph the building for your purposes? For example if I were to get a written usage license for the lighting of the Eiffel Tower at night, and a location permit from the city I would be able to photograph it. This is common in commercial photography with contracts known as property releases.
  • Theft in regards to photography usually means taking photographs of classified or trade secrets. General photographing of buildings in public spaces would not qualify as theft but copyright violation as per the previous example.

If you want to learn more you can google "photography usage rights" or "photography license agreement" and deep dive the untold number of blog posts about it. You can check out this blog post for a crash course if you need good starting point.

If books are more your fancy there's Nancy Wolff's The Professional Photographer's Legal Handbook and the American Society of Media Photographer's Professional Business Practices in Photography; both are pretty old but a very easy to understand. John Harrington's Best Business Practices for Photographers also goes into detail and is more recent, but very broad in what it covers. Technically, there's the demo for fotobiz X which will let you make a sample contract from their templates.

I'm sure you'll find more resources but these books were my go-tos when I was working as a photographer. If you feel like socializing you check out your local APA (American Photographic Artists) or ASMP (American Society of Photographic Artists) chapters. Not sure if membership is still a requirement for attending events but it doesn't hurt to ask.

[–] [email protected] 1 points 1 year ago* (last edited 1 year ago) (1 children)

Owning something and owning the copyright to something isn't the same. You cant just make insane claims about something and expect me to engage with it. You are fully capable of taking photos that you own with the current copyright framework or photographers wouldnt be a profession and nothing would have pictures of anything.

[–] [email protected] 0 points 1 year ago (1 children)

And, as you said, you are fully capable of taking images that you own with the current copyright framework and creating legal AI images. If you don't see the parallel between the two concepts and instead revert to insults and name calling, well, then I think I'll just invoke "don't feed trolls" and move on.

[–] [email protected] 0 points 1 year ago

What insults and name calling? Shit, If I had known that you were this fragile I wouldn't have bothered to respond properly and just called you retarded.