I’m not arguing the output of an AI cannot ever be art, there are beautiful AI works out there, just as there are beautiful photos out there.
What Iam arguing is you can’t claim it to be your art.
Prompting isn’t enough of a creative element to take ownership over the art an AI outputs, especially if you don’t own the training data used for the AI. As such, you cannot (nor should you be able to) claim copyright over it.
If an artist takes requests and happens to pick your’s, you don’t automatically own the final piece just because they happened to use your prompt. The artist owns it, unless you pay them for that right.
In the case of AI art, the work would become public domain, since AI cannot copyright their works (much like non-human animals).
I think it’s very hard to make the argument that photography is “real art” AND that the output of a diffusion model is never.
I think you’re getting things mixed up here…
I’m not arguing the output of an AI cannot ever be art, there are beautiful AI works out there, just as there are beautiful photos out there.
What I am arguing is you can’t claim it to be your art.
Prompting isn’t enough of a creative element to take ownership over the art an AI outputs, especially if you don’t own the training data used for the AI. As such, you cannot (nor should you be able to) claim copyright over it.
If an artist takes requests and happens to pick your’s, you don’t automatically own the final piece just because they happened to use your prompt. The artist owns it, unless you pay them for that right.
In the case of AI art, the work would become public domain, since AI cannot copyright their works (much like non-human animals).