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Can you copyright the content you make with generative AI? | Descript - 6 views

  • because you can’t predict exactly what a generative AI tool will create, you can’t copyright it.
  • The Copyright Office equated the text prompts to telling an artist about an idea you have for a painting, then trying to copyright the work after they paint it.
  • That makes sense if all you provided the artist was ideas, because ideas are not protectable and the painter did the creative work that gives them “authorship,”
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  • Lisa says she would’ve expected the Copyright Office to focus more on the nature of the inputs
  • how much human involvement does a creator have to exert over a machine to claim ownership of its output? 
  • This isn’t the first time the legal system has wrestled with that question. It first came up when cameras were invented; the argument then was that you couldn’t protect a photograph as your own, since the machine was the one capturing the image.
  • The Copyright Office, surprisingly, introduced this predictability standard instead.
  • He used the amusing analogy of Jackson Pollock, who made his art by flinging paint around and seeing what happened; nobody questioned his ability to copyright those works.
  • But in a more salient point for creators, the lawyer argued that the Copyright Office was “incorrectly focusing on the output of the tool rather than the input from the human.”
  • the best thing you can do is to be sure you’re employing as much human creativity in the process as possible.
  • This might mean writing prompts with as much detail as possible
  • A final note: as Lisa points out, the Copyright Office did indicate that if someone sufficiently modifies generated output, that could be protectable. So, If you’re using generative AI as a starting point — e.g., using ChatGPT to create a rough draft and then re-writing it for your own voice — be sure you document the changes you made before you try to file for copyright protection, and then explain it in the application.
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    This is good information! AI has really opened up a lot of opportunities and resources, but it has also presented a lot of questions!
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    This is good information regarding the use of generative AI. I concur with the author that AI-created information should be used as a starting point for developing instructional materials. It should not remove the instructional designer from the process. After all, they would be most knowledgeable about the instructional needs of their learners and the delivery methods available to them.
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    Thanks for sharing this resource. It's super helpful for a project I'm working on right now.
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