The work of art was 'created' by an anonymous author, the AI. Title 17 explicitly handles works by anonymous authors. I can't just claim them if I didn't create them. If I can claim I own works created by my code, and the code is the artist, then Adobe owns every work created with it's tools that does not have a seperate copyright claim. Which Adobe obviously doesn't. This is not new or novel, it's just like with Napster, the current law in inconvenient to what people WANT to do, so they claim the reality they want. If the work is unique enough to claim copyright, then the algorithm added the uniqueness/copyrightable characteristics, not your writing the algorithm, and therefore the AI is an anonymous Author. If it is your algorithm that is doing the creating, then Adobe owns the copyrights to the work generated using it's algorithm, which it obviously doesn't. I am missing the gray (grey) area here.
Comments
The work of art was 'created' by an anonymous author, the AI. Title 17 explicitly handles works by anonymous authors. I can't just claim them if I didn't create them. If I can claim I own works created by my code, and the code is the artist, then Adobe owns every work created with it's tools that does not have a seperate copyright claim. Which Adobe obviously doesn't. This is not new or novel, it's just like with Napster, the current law in inconvenient to what people WANT to do, so they claim the reality they want. If the work is unique enough to claim copyright, then the algorithm added the uniqueness/copyrightable characteristics, not your writing the algorithm, and therefore the AI is an anonymous Author. If it is your algorithm that is doing the creating, then Adobe owns the copyrights to the work generated using it's algorithm, which it obviously doesn't. I am missing the gray (grey) area here.
Interesting point.
I guess the main difference for me is the extent of human involvement.
For example, with Adobe there is a huge amount of human interaction required to get from idea to end result.
With DALL-E, you basically go from idea to end result instantly.