Copyrighting AI material

[APP]

I found this article on the Writer Beware Blog quite interesting, and I thought others here might also.

https://writerbeware.blog/2023/06/16/copyright-contracts-and-ai-generated-material/

[TimothyEllis]

I think that confirms what I thought.

The cover is covered by copyright, but the Bot generated image on it is not.

So no-one can just copy your cover, but they can cut the Bot image off it and use that.

It's pretty much the same as public domain images. Anyone can cut them off your cover as well.

Makes me think that the first thing you do with a Bot image is change it dramatically, such as recoloring it, and then not using the original. That way it's not in the public domain anywhere, just to be sure.

I'm using one at the moment, and having done other colours of it already, might change the covers to use a changed version.

If anyone thinks I'm wrong, let me know.

[PJ Post]

For covers, it's the same as stock photography and art sites. The hot images get used over and over. So, in other words, business as usual.

But more to the point, I think you're right, Tim. Regardless of how the content is generated (text or images) we have to modify it enough so that it is unquestionably unique and our "human involvement" is obvious. Colors, textures, photo-bashing, there all kinds of styles and tools to ensure your content, including the cover art itself, is copyrightable.

This is also business as usual for most reputable cover designers.

[Post-Crisis D]

Makes me think that the first thing you do with a Bot image is change it dramatically, such as recoloring it, and then not using the original.

I don't know that just recoloring it would be sufficient to merit copyright protection.

[TimothyEllis]

Makes me think that the first thing you do with a Bot image is change it dramatically, such as recoloring it, and then not using the original.

I don't know that just recoloring it would be sufficient to merit copyright protection.

Not so much that, as "not in the public domain", since that exact colouring will not be on a public site somewhere. So we can tick that box.

[TimothyEllis]

Someone mentioned a court case result.

Can someone post a thread with a link to it, and any comment about it?

[Bill Hiatt]

There are a lot of articles. Here's one: https://www.politico.com/news/2023/08/21/ai-cannot-hold-copyright-federal-judge-rules-00111865#

As the article says, this is really nothing new. Works without a human creator have never been copyrightable. That's black-letter law. The only question remaining, and it's a big one, is how much human creativity is needed to make a work copyrightable.

[She-la-te-da]

On Dean Wesley Smith's blog, there's a post on it, a few days back now. He talks about the court case decided about a week ago, saying AI work can't be copyrighted. He has a link in there to something, if I'm remembering it right.

That's where I first saw anything, most sites seem to be ignoring the ruling. I suspect some people aren't happy to hear they won't be able to copyright their "AI"-written book. It would have to be public domain, meaning anyone can take it, and Amazon has rules about what can be published as public domain.

[TimothyEllis]

It would have to be public domain, meaning anyone can take it, and Amazon has rules about what can be published as public domain.

If it's public domain, then it can only be 35% royalty.

I suspect that's where a lot of the take downs and bannings are coming from. AI producers who use the 70% royalty, and then get reviews and complaints about being AI drek. Amazon would consider that lying.

[She-la-te-da]

Right, Timothy. No one wants to call it PD, because of the lower royalty. And anyone can then take it and use it, and you don't have a leg to stand on. It's just a big mess.

With Amazon know asking about whether the file was made with any level of "AI", I wonder if some discussion is going on legally about what Amazon should be doing, accepting it or not.

[Bill Hiatt]

Amazon's lawyers will definitely be talking about it. The question is whether anyone will listen.