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Cake day: June 1st, 2023

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  • In the movie industry, everyone usually signs a work for hire contract that specifies who will have the rights to the completed film.

    However, in a recent case the director (Alex Merkin) did not sign a contract and then tried to claim copyright afterwards. The court said that directors have no inherent copyright over film:

    We answer that question in the negative on the facts of the present case, finding that the Copyright Actʹs terms, structure, and history support the conclusion that Merkinʹs contributions to the film do not themselves constitute a ʺwork of authorshipʺ amenable to copyright protection. … As a general rule, the author is the party who actually creates the work, that is, the person who translates an idea into a fixed, tangible expression entitled to copyright protection. … But a directorʹs contribution to an integrated ʺwork of authorshipʺ such as a film is not itself a ʺwork of authorshipʺ subject to its own copyright protection.


  • If a musician doesn’t have the right to their own work, it’s because someone offered to pay them for the rights and they accepted.

    Is that in their favor? I think so, considering the alternative is to not get paid and not have rights to their work.

    And not to go too far off topic, but publicly funded research is generally not aimed at drug development, it is aimed at discovering the basic science behind how the body works (human body or otherwise).

    If you want a clinical trial that proves a particular drug can actually help patients, you will need to find a company to pay for it. The government almost never pays for clinical trials (I think the COVID vaccine might have been an exception). Clinical trials are far more expensive than basic science, and patents are the carrot to get the private sector to pay for them.




  • It’s not actually called “theft” or “stealing”, it’s called “infringement” or “violation”. Infringement is to intellectual property as trespassing is to real estate. The owners are still able to use their property, but their rights to it have nevertheless been violated.

    Also, corporations cannot create intellectual property. They can only offer to buy it from the natural persons who created it. Without IP protection, creators would lose the only protections they have against corporations and other entrenched interests.

    Imagine seeing all your family photos plastered on a McDonald’s billboard, or in political ad for a candidate you despise. Imagine being told, “Sorry, you can’t stop them from using your photos however they want”. That’s a world without IP protection.



  • No, under copyright law it would be your work and your work alone.

    Someone who is providing suggestions or prompts to you is not eligible to share the copyright, no matter how detailed they are. They must actually create part of the work themselves.

    So for instance if you are in a recording studio then you will have the full copyright over music that you record. No matter how much advice or suggestions you get from other people in the studio with you. Your instruments/voice/lyrics, your copyright.

    Otherwise copyright law would be a constant legal quagmire with those who gave you suggestions/prompts/feedback! Remember, an idea cannot be copyrighted, and prompts are ideas.

    In the case of Stable Diffusion, the copyright would go to Stable Diffusion alone if it were a human. But Stable Diffusion is not a human, so there is no copyright at all.




  • The copyright office has been pretty clear that if an artist is significantly involved in creating an image but then adjusts it with AI, or vice versa, then the work is still eligible for copyright.

    In all of the cases where copyright was denied, the artist made no significant changes to AI output and/or provided the AI with nothing more than a prompt.

    Photographers give commands to their camera just as a traditional artist gives commands in Photoshop. The results in both cases are completely predictable. This is where they diverge from AI-generated art.