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Why This Award-Winning Piece of AI Art Can’t Be Copyrighted
(www.wired.com)
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this post was submitted on 08 Sep 2023
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It's a lovely piece, created by nobody.
It's like how you can look at and appreciate a beautiful cloud or leaf or rock formation which exists in the world without meaningful human expression, but you can't copyright it or otherwise claim to be its creator or exclusive owner.
...or it's created by literally everybody. If the AI is trained on public data I'm not sure how we can claim "nobody" created it.
"everybody" and "nobody" pretty much means the same thing in the eye of law in this context
If it is "everybody", then it follows common law and is public domain. If it is "nobody", then it is abandonware.