Re:Judge Dismisses Copyright Claims Against AI Image Generators
by Matticus_Rex on Tuesday November 07, 2023 @09:52AM
(#38177404)
> including for derivative works
This presumes that an input having influence on an output means that the output qualifies as a derivative work of that input. A work being in some way derived from another work does not mean that it is a "derivative work" for the purposes of copyright law. Many artists want to make this presumption, but IMO it's extremely dubious as a general claim. It is likely that when this all shakes out, specific works will be able to be established to be derivative works of specific other works, but simply being an input will not cause that. (caveat: IANAL, but I do have a law degree and IP experience)
This presumes that an input having influence on an output means that the output qualifies as a derivative work of that input. A work being in some way derived from another work does not mean that it is a "derivative work" for the purposes of copyright law. Many artists want to make this presumption, but IMO it's extremely dubious as a general claim. It is likely that when this all shakes out, specific works will be able to be established to be derivative works of specific other works, but simply being an input will not cause that. (caveat: IANAL, but I do have a law degree and IP experience)