this post was submitted on 31 Jul 2023
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Whose content is it? What human person holds the copyright?
In that case, if it's AI-generated content using a training set from the public domain, the content is generated initially as public domain. Adding changes to that, the changes are not public domain. So you'd have to prove that you changed it and that your work on the AI content was transformative, not derivative. But that's my point, in that case, there is no one that holds the copyright.
Whoever claims the copyright first, holds it.
The only difference is that up to now there was a very low chance of "collisions" between two humans creating the exact same piece of art at the same time, while now a piece of AI art can be fully replicated given a model, a prompt, and a seed... but in practice, there is still a very low chance of two people randomly happening to use exactly the same model, prompt, and seed... so we're back to square one: whoever claims it first, holds it.
Just remember to claim your ~~AI generated~~ human-made art before someone else does.
Claiming it doesn't make it so.
Right now, it kind of does. Like if you took someone else's work and claimed it as your own: unless they can prove it's theirs, first one to claim it gets to own the copyright.
Unfair? You bet. There's things like SafeCreative that has been running for many years (I used to be part of a precursor to that) or even register it as an NFT to have a proof of precedence.