Training data can be used "regardless of whether it is for non-profit or commercial purposes, whether it is an act other than reproduction, or whether it is content obtained from illegal sites or otherwise."
It isn’t, and that wasn’t what the monkey selfie lawsuit was about. The monkey selfie lawsuit in fact supports the idea that generative art can be protected, if it demonstrates a manifestation of an artists specific intent. The monkey selfie wasn’t copyrightable not because a monkey isn’t a human; but because the monkey didn’t know wtf it was doing when it took a selfie.
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What about if what AI produce was automatically public domain?
It is. That was what the whole monkey selfie lawsuit was about.
It isn’t, and that wasn’t what the monkey selfie lawsuit was about. The monkey selfie lawsuit in fact supports the idea that generative art can be protected, if it demonstrates a manifestation of an artists specific intent. The monkey selfie wasn’t copyrightable not because a monkey isn’t a human; but because the monkey didn’t know wtf it was doing when it took a selfie.