Ask HN: Copyright status of human-modified AI art? | Hacker News Reader

Ask HN: Copyright status of human-modified AI art?

1 pointandai2 comments

It was recently ruled that AI art is not copyrightable. If I understand correctly, that means it's public domain.

The part that confuses me is, if a human modifies the AI art, e.g. fixing errors, or adding new elements, does that change the copyright status of the whole image? Or (as in public domain) only the modifications are copyrighted?

(The answer seems to be "if changes are substantial", which sounds pretty unclear to me... e.g. how many blades of grass must be drawn manually?)

If the AI part is public domain, then people would be free to use that part. The weird thing is, that part might not exist (or have been published) as a separate work. So for example, you'd be free to use the AI-generated background layer, as long as you erase the human-generated foreground?

I think there's no hard answers here yet and we'll have to see how it plays out in courts, but I thought it was an interesting question.

>> how many blades of grass must be drawn manually

you are looking at it the wrong way. The manual labor is not what defines derivative work.

Your changes or additions to the public domain image must be original and result from a modicum of creative effort on your part. Simple, minor changes might not meet the threshold of originality required for copyright protection.

The modifications or additions to the image should not be trivial. You should aim to add new expression, meaning, or message to the original work. This might include significant artistic modifications, adding new elements, or creating a new composition that incorporates the public domain image.

Your derivative work should reflect your creative choices and contributions. It’s not about the quantity of changes but the qualitative effect of those changes on the original work.

And yes you are right if you see a brand using midjourney or other AI images you can also use them.

Great question and yes, as an attorney in IP, we're all waiting for the court's interpretation of challenges and precedent. Unfortunately, many of the decision-makers are ill-equipped to make the call as they have a difficult time understanding the fundamentals of the new emerging technology. They are very quick at regulating something they don't understand, but slow and often off mark when it comes to setting precedents in favor of businesses and creators.

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