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Copyright does not protect AI-generated content in EU

https://mathstodon.xyz/@maxpool/117128107757895678
33•u1hcw9nx•47m ago

Comments

bediger4000•35m ago
Interesting. In addition to Anthropic's watermark use to prevent model collapse, we can definitively call something copyrighted or not copyrighted. This is a boon to everyone who consumes culture.
jefftk•23m ago
That doesn't actually work. Say you took a book and used an AI to translate it into another language. The translation wouldn't have an additional copyright, the way it would if a human had done the work, but the output would still be restricted by the original copyright. So the presence of the watermark does not tell you that the text is public domain.
pizzly•6m ago
I thought translations can be copyrighted separately. Their are translators for instance who translate very old texts from other countries/languages and then sell that book/translation using copyright to protect this business models? Not sure but does this mean if you as a human wrote a book in English and then used AI to translate to another language say French then that translated work would not be copyrighted. Not sure how this would work.
chungusamongus•14m ago
Lmao. No. Content that is wholesale generated by AI is also not subject to copyright in the US. It relies on the honor system and you can always modify the material juuuust enough that you can claim the copyright. In practical terms, this changes nothing.
bahmboo•33m ago
I will add a pixel by "hand" with software on my computer.
Retric•27m ago
That’s not enough to generate copyright protection.

The creativity requirements may seem arbitrary but there’s a legal distinction between a sculpture and a standard brick.

gruez•14m ago
>The creativity requirements may seem arbitrary but there’s a legal distinction between a sculpture and a standard brick.

Or more relevantly, a recipe find on recipe sites (with the author's entire backstory) vs a sequence of instructions. The latter is not copyrightable, even if there was some creativity that went into it (eg. word choice).

t-writescode•21m ago
This matches historical precedent in other nations where copyright was not extended to a photographer when a primate took a photo of themselves.

https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...

consoleable•21m ago
If copyright does not protect AI-generated content, then AI should not be restricted from generating content that falls under copyright protection; yet, the reality is otherwise.
phoronixrly•19m ago
> If copyright does not protect AI-generated content, then AI should not be restricted from generating content that falls under copyright protection

What in the world makes you think that?

What is this implication based upon? Where does it say in copyright law that if no copyright arises for your work then it does not infringe the copyright holders' rights? This is completely devoid of logic...

jraph•16m ago
These two things that are quite distinct. Whether something is protected by copyright, it should not be counterfeiting regardless.
VanTheBrand•13m ago
That’s not how that would work at all. The copyright of a derivative work has no effect on the existing copyright of an underlying work.

If you record yourself reading a book, you own the audio recording copyright but it would be a copyright violation to reproduce that copy without a license for the underlying rights.

In this situation:

If the AI generates the audio recording of a book, no one owns the copyright of the audio recording but it would still be a copyright violation to reproduce that copy without the underlying rights.

chungusamongus•17m ago
The same is true in the US. This is a nothing burger.
phoronixrly•13m ago
It may be a nothing burger for US companies/persons, but the EU is fortunately not governed by US law. This is big news for us here.
mod50ack•9m ago
It's not surprising, though, since the ECJ held in the Infopaq case that copyright (under the EU Directives) can only exist for something which is the intellectual creation of an author.
chungusamongus•3m ago
It's not big news if you know anything about Europe in relation to IP law. No one expected a different result.
VanTheBrand•11m ago
It hadn’t been established yet in the EU. It would be a big deal if it went the other way in Europe so it being the same isn’t a nothing burger.
chungusamongus•4m ago
Did anyone expect it to go the other way? Europe is more hardcore about copyright than the US, and that's saying something. Germany is practically...well I was going to say they're nazis about it but perhaps that's in poor taste.
generationP•16m ago
Why should anyone want to have copyright on AI-generated content?
toomuchtodo•15m ago
To profit under intellectual property constructs. As it stands, AI output is effectively in the public domain.
phoronixrly•12m ago
Probably unless it infringes on others' copyright as it does...
thfuran•15m ago
For the same reason they'd want copyright on anything else.
xphos•5m ago
I feel like this question is typed wrong but the same reason someone wants copyright on human work to make money by prevent other people from stealing your work
efficax•10m ago
Does this apply to software?
pizzly•10m ago
As software, creative works, science, etc become more and more contributed via AI does that mean all future works will not be copyrighted or patented? Under our current copyright culture and laws obviously not but that does open the question to how much does a human have to contribute and what evidence is required to show that a human contributed enough so that it can be copyrighted and patented. Some time in the future (may be many years) science may become to complicated for humans to understand fully with AI systems researching themselves. Current patent laws in many places including US says inventions created entirely by artificial intelligence cannot be patented. This future may be coming. What will the new copyright and patent laws look like in the future? Do we need copyrights and patents anymore?
raincole•7m ago
It means as long as you can find a few employees who testify that they made "creative input" during the process and nobody can disprove that, you're fine.

It's like things that are already in public domain. Even if you make coloring book out of paintings in public domain, it doesn't necessarily mean others can just print your book as-is.

Obscurity4340•2m ago
Like being an executive producer
pizzly•2m ago
Perhaps but what about individual works done not via a company. Say you are a author and someone falsely detects a AI watermark in your book. Is the testimony you provide enough to override that falsely detected AI watermark? My feeling is that there will be an industry that arises that proves you contributed to the works you want copyrighted.
dev1ycan
femto•9m ago
1) Does applying a copyright message warrant that the content has not been generated by an AI?

2) If one applies a copyright message to AI generated output, is that fraudulent?

•
6m ago
Why would copyright and patents exist when the US blatantly stole the entire world's knowledge to train their AI models (and China distillled from it)
benjismith•5m ago
Knowledge cannot be "stolen"
sva_•2m ago
> Content that is entirely generated [...]

Take note of the qualifier entirely. If you're working with an agent steering it to produce the results you want, it would be an entirely different story.

Copyright does not protect AI-generated content in EU

https://mathstodon.xyz/@maxpool/117128107757895678
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