← Back to context

Comment by gonzalohm

4 hours ago

Why is that? And who draws the line? If I use a synthesizer to generate music, does that count as AI generated?

I was under the impression that the US copyright office/various judges already determined that anything created 100% by AI is not copyrightable.

A synthesizer is not AI.

  • Minor correction, but in the US it's not anything that's 100% by AI, it's LLM output itself is not copyrightable. Human elements injected into LLM output are.

    Raw LLM output lacks human authorship, and it was ruled cannot be registered for copyright protection. Raw LLM output is automatically public domain (which is also why its silly for Anthropic to be in such a tizzy about China using Claude's output, Claude's output is public domain).

    Only the parts of a work that are human authored can be registered for copyright. If a work was created with AI assistance, the parts that were purely AI generated cannot be registered.

    The US copyright office also ruled that prompt engineering does not count as human authorship.

    So all those people using Suno to generate AI slop music and flooding the streaming services, their output is almost certainly public domain.

    • >(which is also why its silly for Anthropic to be in such a tizzy about China using Claude's output, Claude's output is public domain).

      I don't see how it's any more weird than reddit/stackoverflow/linkedin trying to clamp down on AI scrapers, even though they don't own the copyright to the UGC that they're preventing the bots from accessing.

      4 replies →

  • Nothing is “created 100% by AI” though, because AIs don’t create things without human instructions.

    • How much instruction do you need though?

      What if I prompt Claude to go prompt Suno? What if the same chain happens internally at Suno? Easy to imagine the human input being very dilute and a small part overall.

    • The US copyright office ruled that the instructions do not count. Prompt engineering does not constitute human authorship. Prompt is the command, but the machine determines the specific expressive elements of the output (according to the USCO).

      Raw LLM output is automatically public domain.

    • The prompt is yours to copyright, the algorithm belongs to Google or Suno or whoever, but not the output. It is not your creation.

AI is not a tool, it is an oracle.

Furthermore, it is an oracle built on copyright infringement.

Do you understand the difference between "tool" and "oracle"?

  • AI is not an "oracle" no matter how much Altman and Amodei claim it is.

  • Tool was a kind of metal/funk band (or something like that) and Oracle is a database (management system) that somehow made a lot of money for a lot of consultants (and the oligarch owners) even though open source alternatives were far superior.