Dall-e, an AI system was asked to make image of what a black hole looks like on the inside, and the results are amazing. All the photographs made by AI are circulating the internet without copyright, so you couldn’t profit from them. Why? Easy. They’re not considered human-made creations, hence no country’s IP legislation protects them. The machines aren’t ready to charge for this right.
Humans who helped create it are ultimately just pawns in a legislative process. Putting a term in a software and waiting for the response doesn’t make me the owner. Several countries recognize AI patents, although they aren’t the focus of a bigger discussion.
AI’s many uses and alternatives have opened a new legal avenue. Someone who upended a centuries-old tradition. Complexity surrounds images and their makers. How do you compare an AI system that uses an algorithm-configured visual database to great artists? Since the first intellectual property laws were formed at the dawn of the French Revolution in 1789 to protect enlightened thought and the embryonic position of the human as a creator of value, the need to reevaluate had rarely been observed.
Dall-e, Dall-e 2, Midjourney, and other AI imaging tools have sparked discussion. One where creator and owner are diluted by data and technology.
Without a solution – beyond the AI law coming from the EU in 2023 – a new terrain is opening up that many are considering. Money makes things more important.
Dall-e AI-created image isn’t and won’t be art.
Work? This may be a first-year philosophy question, but it’s about picture intellectual property rights. Specifically AI-made.
Any human-created work is a work, regardless of beauty or quality. Or, a human’s free and creative decision through a platform or technology. If you meet these requirements, IP law will protect you.
Dall-e and Midjouney are neural networks that learn unlimited images. Losing uniqueness, they merely reply to particular requests. The outcome depends largely on the requester’s creativity. No other.
In any event, this is the situation currently, and a regulation is needed to make things clear. “Artificial Intelligence is vital to the evolution of our economy, so at least we’ll have beginning laws to control it,” says Albert Agustinoy, an intellectual property specialist at Cuatrecasas. Leandro Nez, a partner at Audens specializing in technology and intellectual property, says, “It is not fair that those who invent these tools have no protection.”
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Many remember the macaca that accidentally took a selfie. It’s the most famous selfie ever. The ape, who was playing with her new camera, took a fantastic snap. What began as a network anecdote – when the photographer published the photo and the story spread like wildfire – became a legal concern with its own Wikipedia entry.
The photographer sought to collect the image rights to profit from the selfie’s success. The photo was taken by an ape, as a court ruled. Not being human and the photographer’s non-intervention left a clear path: it was not a work with intellectual property, therefore its rights were technically free.
“Because it’s not the product of human mind, it has no protection,” Nez says of AI photos. She points out that if a photographer programs a camera to shoot a picture under certain conditions, he owns the outcome.
Not that far. In 2018, programmer Stephen Thaler tried to register an AI-created work. Thaler intended to put it under the ownership of the algorithm that intervened, but the IP office said there was no human hand, thus nothing to record.
As expected, the lack of AI-related regulation does not indicate it’s the right way. There are various debates concerning an upcoming event. Nez notes that databases may be the lone exemption to IP law.
In the 1980s, when the first digital databases appeared, the subject of ownership arose. They weren’t works because they used third-party lists, and they weren’t completely human because of a computerized hand. As a split from the French Revolution, the sui generis right of databases was created to safeguard their creation and manufacture. Manufacturers can safeguard themselves with 10 years of protection (compared to crucial plus 70 years of original protection).
Nobody owns images Dall-e AI shows on request
Considering that my AI-produced photographs are not deemed works, and as the experts point out, it remains to be seen what paths wind up tilting the scales of legislation, there is another concern in the air: who would own the images? images? I, who asked for a medium, probably won’t get one. It’s the platform (Dall-e) or database that feeds its neural network.
It’s obvious. As an image requester, I’ve done little. It depends on my capacity to order and get what I want. The database and learning algorithms produce computing effort.
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This separation helps some specialists. They believe AI property rights should follow these lines. Unprotected manufacturers. Unifying all of this, like the Berne Convention does for copyright, is the challenge.
“The creator of the platform that educated the AI must be protected more since there is more work,” says Nez, or those who feed the system. “The author has the copyright because he developed the piece, no matter how much I told him what to do,” he says.