Jacobson says that output from something like Factory New’s process—as described by Martini—would not be eligible for copyright under current USCO guidelines. “There is a difference between creativity in selecting what works or materials are used to train the AI model, and the creativity used in creating the actual finished work,” she explains.
Even if an AI-assisted work is determined to have human-generated—and, therefore, copyright-eligible—elements, questions linger.
With machine learning technology developing at breakneck speed, the lines of human and machine authorship are increasingly fuzzy. No one knows exactly where they’ll be redrawn until the right case hits the courts. “The bottom line is that the application of AI technology in creative works has a plethora of novel applications that have not been examined before,” Jacobson says, “in light of our current laws and history of only dealing with human-authored works.
Fishman concurs. “The copyright office is getting the first crack at trying to craft an answer,” he says. “But it almost certainly won’t be the last.”
pitchfork Does this also cover Diane Warren?
pitchfork I’m happy that the guidelines will recognize the contributions of actual songwriters vs. AI generated lyrics. But I’m sad that AI is creeping into songwriting and other art forms.
pitchfork Idea generator will be more valuable.
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