Prompting an AI agent is not the same as using photoshop. It is more comparable to commissioning something (art, code, writing, etc). You don’t have authorship, the LLM does in this case. That doesn’t mean you can’t own the piece that gets created, that’s what commissioning is, you just can’t claim you authored it. Though whether you or the company that runs the model owns the output is still not a settled question legally speaking.
No, this is pretty settled. Generative outputs such as these are not owned by anyone. As you said, the AI “authored” it similarly to a commissioned work and cannot hold a copyright so there was nothing to assign to the prompt writer.
Last I checked, AI creations cannot be copyrighted if human work was not involved (no human - no copyrights). This means that if you had to do something by yourself, even compiling, then there was human. While for AI generated images it’s quite clear you will not own it, but software tends to be more advanced, ChatGPT doesn’t just send you an exe file, you have to put it together by yourself.
Again this is the difference between authorship and ownership. While I’m no lawyer, to my understanding you must demonstrate that what you did was genuinely transformative to claim authorship.
You use compiling the code an LLM gives you as an example of this. Does a person running gentoo have the ability to claim authorship of all the software on their machine because they compiled it?
I think the only thing you can certainly claim authorship over is the prompt(s) that were used to generate the output.
Another good example of this is compilers. How often do you see people claim authorship of the assembly generated as an intermediary step of the gcc?
Prompting an AI agent is not the same as using photoshop. It is more comparable to commissioning something (art, code, writing, etc). You don’t have authorship, the LLM does in this case. That doesn’t mean you can’t own the piece that gets created, that’s what commissioning is, you just can’t claim you authored it. Though whether you or the company that runs the model owns the output is still not a settled question legally speaking.
No, this is pretty settled. Generative outputs such as these are not owned by anyone. As you said, the AI “authored” it similarly to a commissioned work and cannot hold a copyright so there was nothing to assign to the prompt writer.
Suppose the user could claim ownership of the prompt used to create the work; unless that was also created using an AI.
Last I checked, AI creations cannot be copyrighted if human work was not involved (no human - no copyrights). This means that if you had to do something by yourself, even compiling, then there was human. While for AI generated images it’s quite clear you will not own it, but software tends to be more advanced, ChatGPT doesn’t just send you an exe file, you have to put it together by yourself.
Again this is the difference between authorship and ownership. While I’m no lawyer, to my understanding you must demonstrate that what you did was genuinely transformative to claim authorship.
You use compiling the code an LLM gives you as an example of this. Does a person running gentoo have the ability to claim authorship of all the software on their machine because they compiled it?
I think the only thing you can certainly claim authorship over is the prompt(s) that were used to generate the output.
Another good example of this is compilers. How often do you see people claim authorship of the assembly generated as an intermediary step of the gcc?