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Comment by skissane

1 day ago

The US copyright office’s position is basically this-under US law, copyrightability requires direct human creativity, an automated training process involves no direct human creativity so cannot produce copyright. Now, we all know there is a lot of creative human effort in selecting what data to use as input, tinkering with hyperparameters, etc - but the copyright office’s position is that doesn’t legally count - creative human effort in overseeing an automated process doesn’t change the fact that the automated process itself doesn’t directly involve any human creativity. So the human creativity in model training fails to make the model copyrightable because it is too indirect

By contrast, UK copyright law accepts the “mere sweat of the brow” doctrine, the mere fact you spent money on training is likely sufficient to make its output copyrightable, UK law doesn’t impose the same requirements for a direct human creative contribution