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Cake day: June 14th, 2023

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  • Yes, this is what I said. Situations where a work can conceivably considered co-authored by a human, those components get copyright. However, whether that activit constitutes contribution and how is demarcated across the work is a case by case basis. This doesn’t mean any inpainting at all renders the whole work copyright protected–it means that it could in cases where it is so granular and directly corresponds to human decision making that it’s effectively digital painting. This is probably a higher bar than most expect but, as is not atypical with copyright, is a largely case by case quantitative/adjudicated vibes-based determination.

    The second situation you quoted is also standard and effectively stands for the fact that an ordered compilation of individually copyrighted works may itself have its own copyright in the work as a whole. This is not new and is common sense when you consider the way large creative media projects work.

    Also worth mentioning that none of this obviates the requirement that registrations reasonably identify and describe the AI generated components of the work (presumably to effectively disclaim those portions). It will be interesting to see a defense raised that the holder failed to do so and so committed a fraud on the Copyright Office and thus lost their copyright in the work as a whole (a possible penalty for committing fraud on the Office).


  • The CO didn’t say AI generated works were copyrightable. In fact, the second part of the report very much affirmed their earlier decisions that AI generated content is necessarily not protected under copyright. What you are probably referring to is the discussion the Office presented about joint works style pieces–that is, where a human performed additional creative contributions to the AI generated material. In that case, the portions such that they were generated by the human contributor are protected under copyright as expected. Further, they made very clear that what constitutes creative contribution and thus gets coverage is determined on a case by case basis. None of this is all that surprising, nor does it refute the rule that AI generated material, having been authored by something other than a human, is not afforded any copyright protection whatsoever.


  • First, that article literally says the process engineering analysis that paints a very dire picture of the scalability of cultured meat is difficult to find, so maybe cool it on “you should have known better.” However, it also is clear that there are A LOT of technical hurdles to overcome for lab meat, but it’s no more dead end than fusion research. It’s an important, arguably vital, area of study and research that needs to be seriously invested in so that we can one day introduce it to the toolkit of sustainable support for human society and life. While your sources have convinced me that lab meat is currently nowhere near scalable and likely will take significant developments in the culture process and even meat cells, I think your aggressive and extremely skeptical take on its value at all is more than a bit silly.




  • For sure. I personally think our current IP laws are well equipped to handle AI generated content, even if there are many other situations where they require a significant overhaul. And the person you responded to is really only sort of maybe half correct. Those advocating for, e.g., there to be some sort of copyright infringement in training AI aren’t going to bat for current IP laws-- they’re advocating for altogether new IP laws effectively thar would effectively further assetize and allow even more rent seeking in intangibles. Artists would absolutely not come out ahead on this and it’s ludicrous to think so. Publishing platforms would make creators sign those rights away and large corporations would be the only ones financially capable of acting in this new IP landscape. The compromise also likely would be attaching a property right in the model outputs and so it would actually become far more practical to leverage AI generated material at commercial scale since the publisher could enforce IP rights on the product.

    The real solution to this particular issue is require all models that out materials to the public at large be open source and all outputs distributed at large be marked as generated by AI and thus being effectively in the public domain.













  • It could of course go up to the scotus and effectively a new right be legislated from the bench, but it is unlikely and the nature of these models in combination with what is considered a copy under the rubric copyright in the US has operated effectively forever means that merely training and deploying a model is almost certainly not copyright infringement. This is pretty common consensus among IP attorneys.

    That said, a lot of other very obvious infringement in coming out in discovery in many of these cases. Like torrenting all the training data. THAT is absolutely an infringement but is effectively unrelated to the question of whether lawfully accessed content being used as training data retroactively makes its access unlawful (it really almost certainly doesn’t).