I always assumed that any output from a generative model would be uncopyrightable.
And hence, if a company produced, say, notebooks whose only distinguishing feature was being decorated with a generated image, then anyone else would be within their legal rights to copy it wholesale and put the exact same image on their own notebooks.
Therefore, if a company wants to manufacture actual intellectual property, then they need to hire an actual human to produce it.
I'd love to hear if anyone knows:
a) Is this interpretation accurate in any relevant jurisdictions?
b) Has it ever been tested in court?
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I always assumed that any output from a generative model would be uncopyrightable.
And hence, if a company produced, say, notebooks whose only distinguishing feature was being decorated with a generated image, then anyone else would be within their legal rights to copy it wholesale and put the exact same image on their own notebooks.
Therefore, if a company wants to manufacture actual intellectual property, then they need to hire an actual human to produce it.
I'd love to hear if anyone knows: a) Is this interpretation accurate in any relevant jurisdictions? b) Has it ever been tested in court?