Comment by Luker88
4 months ago
I see a big one missing:
* fully-generated content is public domain and copyright can not be applied to it.
Make sure any AI content gets substantially changed by humans, so that the result can be copyrighted.
More importantly: don't brag and shut up about which parts are fully AI generated.
Otherwise: public domain.
> fully-generated content is public domain and copyright can not be applied to it.
Some people keep saying this but it seems obviously wrong to me.
At least in the United States, “sweat of the brow” has zero bearing on whether a work is subject to copyright[1]. You can spend years carefully compiling an accurate collection of addresses phone numbers, but anyone else can republish that information, because facts are not a creative work.
But the output of an AI system is clearly not factual! By extension, it doesn’t matter how little work you put in—if the work is creative in nature, it is still subject to copyright.
1: https://en.wikipedia.org/wiki/Sweat_of_the_brow#United_State...
(IANAL, yadda yadda.)
Sweat of the Brow is irrelevant. Only humans (or collections of humans) can create a work that gets covered by copyright. Non-human animals cannot create copyrighted works, even intelligent ones. Humans can apply sufficient creative transformations to non-copyrighted works to create copyrighted works.
A human did create the work. A human turned on the computer and pressed the button.
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> * fully-generated content is public domain and copyright can not be applied to it.
Simpler yet - and inevitable, on sufficiently long time scales - is to dispense entirely with the notion of intellectual property and treat _all_ content this way.
This would remove the incentive to generate content, no? Copyright duration could be much shorter, but I think artists, writers, etc. would prefer the continuing protection of their work. (And I'm pro-copyright reform.)
I'm a full-time professional musician, and I don't know anybody (at least in bluegrass) who thinks that the system of IP is designed to protect us, or is in fact serving us in economic terms. It seems much more geared to protect spotify and apple than it does the musicians.
Last year, I cut Drowsy Maggie with David Grier (something about which I boast every chance I get :-) ), and part of our journey was listening to aging, nearly-forgotten versions to find melodic and harmonic ideas to harvest and revive. For this, we of course made heavy use of archive.org's Great 78 project - and at the very same time, the RIAA (who is supposed to represent us?!) was waging aggressive lawfare against the Great 78 project, to try to take it down.
It was just the height of absurdity.
Consider that since at least 2020, every grammy winner in both the bluegrass and americana categories (and almost no nominee) has been released DRM-free. And that many of the up-and-coming bluegrass and jam bands are now releasing all of their shows, directly off the board, licensed with creative commons-compatible licenses.
https://pickipedia.xyz/wiki/DRM-free
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It's true, before copyright existed, no one made any art at all, and they certainly weren't paid for it. Thanks to copyright, the large majority of artists have been well and fairly compensated for their work.
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What prevents me from stealing your work and selling it? Including the source code you wrote?
Well, what prevents you from doing that right now? The threat that I'll call the cops on you? Is that really how we want the internet to work? It's sure as hell not how I want my music to be perceived - I can't fathom wanting the state to intervene because some kid listened to something I made without permission.
You are welcome to "steal" anything I've ever made if it pleases you. And encourage your friends to steal it from you. If this process keeps repeating, look me up and let's book a show in your area, and we'll play our music _and_ demo our source code _and_ get you all dancin' and trippin' and having a merry old time.