Can't be solved by existing laws? AIGC Copyright Ownership Dilemma: Who is the Real Creator?

News on April 4th, with the rapid development of artificial intelligence technology, many people have begun to use artificial intelligence tools to generate various creative works such as images, music and even videos. But the question then arises, does the copyright of these works belong to the user or the machine?

Last year, digital artist Kris Kashtanova used artificial intelligence drawing tools to create a comic book, sparking a debate over which one was responsible, humans or algorithms. Big controversy.

Kashtanova used Midjourney, an artificial intelligence program similar to ChatGPT, which can generate various illustrations based on input prompts. She entered the following: "Zendaya leaves the gates of Central Park... before her eyes is an empty future New York City, just like what is described in science fiction novels..."

With these prompts, Midjourney automatically generates Zarya of the Dawn is an 18-page comic book story about a fictional character similar to actress Zendaya Coleman. The story follows a character wandering around a deserted Manhattan hundreds of years later. In September last year, Kashtanova obtained the full copyright of the work and announced on social media, which means that the artists' artificial intelligence artworks have legal protection. This copyright protection measure did not last long. In February this year, the U.S. Copyright Office suddenly changed its stance, and Kashtanova became the first person in the United States to lose copyright protection for artificial intelligence creative works. The U.S. Copyright Office said the illustrations in "Zarya of the Dawn" "were not created by humans" but allowed Kashtanova to retain copyright in the script arrangement and storyline.

Now, with the help of a powerful legal team, the artist is once again trying to challenge the current intellectual property laws in the United States. As she worked on another new book, Kashtanova used the artificial intelligence program Stable Diffusion to scan her sketches and input further hints for image modifications. Kashtanova argued that the image, based on an original work, had enough artificial elements to warrant full copyright.

Kashtanova's new book is an autobiographical comic. She said: "It would be strange if this book was not already copyrighted."

U.S. Copyright Office spokesperson declined to comment. Midjourney and Stability AI also declined to comment.

Breaking Conventions

When new artificial intelligence programs such as ChatGPT, Midjourney and Stable Diffusion become more and more popular and seem poised to change the way humans express themselves, the entire The American legal system still does not clearly stipulate who these results belong to, is it the user, the program owner, or the machine itself?

Legal experts say the answer could involve billions of dollars in ownership issues.

Creative Commons, a non-profit organization, is responsible for issuing Creative Commons licenses so that creators can share their creative works. Former director Ryan Merkley said users and owners of new AI systems could reap huge benefits if they were copyrighted accordingly.

For example, companies can use artificial intelligence tools to produce a large number of low-cost, copyrighted images, music, videos, text and other content for use in various fields such as advertising, brand promotion and entertainment. Merkley said: "If copyrights are allowed to be granted to automatically generated computer-generated works, then copyright managers will face tremendous pressure."

In the United States and many other countries, creative works created by people are generally protected by law. Copyright registration allows owners to choose how to share their work with others and allows owners to go to court to enforce their rights.

Courts, including the U.S. Supreme Court, have long held that creators must be human beings. When the U.S. Copyright Office refused to provide legal protection for the illustrations in "Zarya at Dawn," it cited rulings such as its refusal to cover a monkey's inadvertent camera selfie or claims by the applicant that it was created by "the Holy Spirit." A song created provides legal protection.

Stephen Thaler, a Missouri computer scientist, insists that his artificial intelligence programs are sentient and should be legally recognized as the creators of the works of art and inventions they generate. He has filed applications with the U.S. Supreme Court, sued the U.S. Copyright Office, and filed patent cases with the U.K. Supreme Court.

At the same time, many artists and companies with creative works are strongly opposed to granting the copyright of their works to artificial intelligence owners or users. They argue that because new algorithms are trained on vast amounts of material on the open web, many of which are copyrighted, AI systems are gobbling up legally protected content without the owner’s permission.

Image provider Getty Images, a group of visual artists and computer code owners have filed infringement lawsuits against the owners of artificial intelligence programs such as Midjourney, Stability AI and ChatGPT developer OpenAI, but the companies have denied the accusations. Getty and OpenAI declined to comment.

Artist Sarah Andersen is also among those filing an infringement lawsuit. Copyrighting AI-generated works "would legitimize theft," she said.

Dilemma

Joe Gratz, a senior copyright attorney at the well-known American law firm Morrison & Foerster, represented Kashtanova in her copyright application for free. Gratz has defended OpenAI in a class-action lawsuit filed on behalf of owners of computer code. After the copyright of "Zarya of the Dawn" was rejected, Kashtanova filed a new application and posted on the recruitment platform LinkedIn to seek legal assistance. Heather Whitney, an associate at Morrison & Foerster, saw the post and the law firm took over Kashtanova's case.

Gratz said: "These are difficult questions to answer and have significant implications for all of us."

The U.S. Copyright Office said it found out that Kashtanova posted on Instagram They re-examined Kashtanova's copyright for "Zarya of the Dawn" after its illustrations were created using artificial intelligence. When Kashtanova initially submitted her application in September last year, they had no idea about the creative channels. On March 16 this year, the U.S. Copyright Office publicly issued guidance requiring applicants to clearly disclose whether their works were created with the help of artificial intelligence.

The guidance says that the most popular artificial intelligence systems may not create copyrighted works, and "what matters is the degree of control a person has over creativity."

" "I was shocked"

Kashtanova said when she first came into contact with Midjourney: "I was completely shocked." Now, with the rapid development of artificial intelligence technology, Kash Tanova started using new tools that allowed her to input raw sketches and control what images were generated through more specific commands.

To test how much “control” would satisfy the U.S. Copyright Office, Kashtanova plans to submit copyright applications for individual illustrations from the new comic, one by one. The images are created using different artificial intelligence programs, using different settings and using different methods.

Now, Kashtanova works for a startup that uses artificial intelligence to turn children’s drawings into comic books. A few weeks ago, she created the first such image, titled "The Mystery of the Rose."

Sitting in front of a computer in her one-bedroom Manhattan apartment, Kashtanova demonstrated the company's latest technology. They sketched a simple sketch on the screen and scanned it into Stability AI, an artificial intelligence system, and began by adjusting settings and using prompts such as "Young cyborg woman" and "Flowers growing out of her head." Improve image elements.

In the end, an otherworldly portrait was generated, with a female face in the lower half and several long-path rose trees in the upper half. On March 21, Kashtanova submitted an application for copyright protection for this work.

This image will also appear in Kashtanova's new book, titled: "For My Artificial Intelligence Community." (Chenchen)

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