A rule against copyrighting AI art will be unworkable.

I’ve generally been against giving AI works copyright, but this article presented what I felt were compelling arguments for why I might be wrong. What do you think?

There’s gaussian noise involved in many of photoshop’s brushes I’m pretty sure.

Does that make photoshop not a pure function of the user’s input, and hence incapable of producing anything copyrightable?

You need direct control over some elements of a work to claim copyright. Not necessarily all of them.

So even if the microtexture is out of your control, you still have complete control of the framing, color, etc. That’s sufficient to claim copyright.

If you lose control of every element by replacing them all with prompts and/or chance, then you lose the copyright. Which is what happened in the “monkey selfie” photo.

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