this post was submitted on 21 Aug 2023
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That's thing, though. That's the question the court is answering. It says that the closest human is STILL NOT CLOSE ENOUGH if they aren't doing the same level of control and work as a human would be doing if they gave them the prompt.
If you use an AI as just another tool, that's one thing. But just giving a prompt is NOT creating art.
This article was talking about the Thaler v. Perlmutter case - which Thaler confirmed
So he was never trying to claim that he created the work or had any involvement in its creation at all. Only that he as the owner should get copyright over the work. As far as i can tell his AI generated the images without any prompt at all. So this case does nothing to further the argument over how much a prompt can be considered creative works. So none of the articles based on this case are doing any justice to what this case represents.
Though I have just been made aware of this copyright claim that does a far more damning case for prompts not being considered creative enough to be able to claim copyright. Though I don't know if this has been tested in court yet.
TLDR write a creative poem as an input