this seems pretty great
basically every analysis i’ve seen of this thing gets it wrong, including in mainstream news sources like reuters! it’s not “AI-generated art cannot receive copyright”, it’s “if you literally list the AI as the author then the copyright office is correct to reject your registration because only humans can be authors”. it has nothing to do with whether the work would be considered copyrightable if he said he himself was the author
the copyright office’s actual AI guidance boils down to
In the case of works containing AI-generated material, the Office will consider whether the AI contributions are the result of “mechanical reproduction” or instead of an author’s “own original mental conception,to which [the author] gave visible form.” The answer will depend on the circumstances,particularly how the AI tool operates and how it was used to create the final work.This is necessarily a case-by-case inquiry.
based on examples given, it sounds like anything you get just by typing in a prompt might not satisfy the “traditional elements of authorship” requirement, but sufficient “select[ion] or arrange[ment]” may lead to the work as a whole being considered copyrightable. as everything with copyright law, it’s kinda vague.
notably, they cite the Zarya of the Dawn dispute, where they held that in the case of an author who generated a comic book with images made by AI and text made by hand, the text was copyrightable (entirely human authored) and the work as a whole was (arrangement and selection done by a human), but not the individual images.
also of course none of this is set and stone; could be overturned by a judge, amended by law, whatever.





![comment by angelfira reading: [censored username] this post isn't for trans women, it's for women, more specifically for butch lesbians. not everything is for you. go away. make your own art. leave women the fuck alone.](https://64.media.tumblr.com/820cab04905f92a96b5b3e2ebff47f07/ca477913c04ac210-dd/s500x750/6ae6fe54e0a1cc8545fd47c9a9866dd68def9f7a.jpg)
