05-19-2023, 09:17 PM
rich in distress wrote:
Anyway, I find amusing the notion provided by the music exec, that training AI with copyrighted material renders its output a derivative work.
An algorithmic transformation of a digital image or digital music is a derivative work.
There is literally nothing "original" about AI output in the legal sense.
In this use-case, AI is a utilitarian device that performs sequential operations upon pre-existing materials to make mash-ups of them.
US copyright does not protect “any idea, procedure, process, system, method of operation, concept, principle, or discovery.” (It also does not protect works prepared by an officer or employee of the US Government as part of that person's official duties.)
And AI output can't be independently copyrighted because there the "author" is neither independently adding something creative/new, nor is it a human. Both are required for Copyright protection.
However, when a human takes AI output and further transforms it, that work may be copyrightable. Details here:
https://www.ropesgray.com/en/newsroom/al...l-guidance