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Originally Posted by Le Grande Orange
Be aware that, under existing U.S. copyright law, the output of an AI program cannot be copyrighted — only works created by a human are eligible for copyright protection. This human authorship requirement in U.S. copyright law is well-established, long-standing, and backed by legal precedent.
The only way AI-generated material can be copyrighted is if it is substantially transformed by a human — and that requires more than just editing a few lines. And even then, only the aspects added by a human can be copyrighted; the remainder of the work, being AI-generated, cannot.
AI-created works may be copyrightable in other countries, but not in the U.S.
Copyright protection may not matter when one is using AI for private works, but if one is intending the work for commercial purposes, copyright will matter then.
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First of all, the law is not clear on this because we are entering an era of what will basically be computer-generated content and computer-assisted content.
Here'a a quote from an article on this:
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The Copyright Office Compendium, its guide to policies and procedures, explicitly states that works created by nature, animals or plants cannot be registered. That also includes “works produced by a machine or mere mechanical process that operates randomly or automatically without any creative input or intervention from a human author”.
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Nothing I've written using ChatGPT would be excluded from this. I am not giving it a simple prompt and then getting a completed story. There is a tremendous amount of back and forth as I use ChatGPT to consistent tailor and refine the story to my needs... i.e. the "creative input or intervention from a human author"
My wife is a professional illustrator and there is a lot of anxiety currently among professionals in her field about AI-generated artwork. Now that is a completely different animal because you can literally see marks from copyrighted artwork within AI generated artwork.
AI generated text is much more generic, however. What I feel like is happening now is akin to the computer-aided grammar and thesaurus checks that became integrated into software writing tools back in the 90s. Except now it's just better phrasing, but there's no way to claim infringement on generic sentence structures. It's a lot more basic and unintelligent than you may realize, but instead of assistance in searching for that right word (thesaurus), the writer gets a generic phrase or flowery paragraphs concerning his prompt. People will be copyrighting ChatGPT-assisted text and there is no way anyone would ever know or could prove that ChatGPT was involved. It's not like it's lifting text from other copyrighted works.