Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5

Lawyers flip-out: Photos taken by AI may be in public domain (non-human DIY issues)

#1
C C Offline
https://www.techdirt.com/articles/201803...main.shtml

EXCERPT: You may recall the years we've spent over the ridiculous monkey selfie story, concerning whether or not there was a copyright in a selfie taken by a monkey (there is not) and if there is (again, there is not) whether it's owned by the monkey (absolutely not) or the camera owner (still no). [...] it really appeared that PETA's lawyers [...] had taken on the case to establish some credibility on the issue of non-human-generated works and copyright. There isn't likely to be a rush of animal selfies (though there just was a pretty damn awesome penguin selfie -- no one tell PETA), but there are going to be a whole bunch of questions in the very, very near future concerning copyright and works generated by artificial intelligence. [...]

But now many of these questions are becoming reality, and some lawyers are freaking out. Case in point: an article in Lexology recently by two Australian lawyers [...] in which they seem quite disturbed about the copyright questions related to the new Clips camera from Google. In case you haven't heard about it [...] Clips is a tiny camera that you "clip" somewhere while action is happening and it uses AI to try to take a bunch of good pictures. Sounds interesting enough, if it actually works.

But, as these lawyers note, it's not clear there's any copyright for users of the device, and there almost certainly isn't in Australia where they practice:

Under the Australian Copyright Act, subject to certain exceptions, copyright in an artistic work is owned by the author, which, in relation to a photograph, is "the person who took the photograph". Therefore, as simple as that, the owner of a Clip (or similar product) which takes photos by AI will not own copyright under Australian law, as they are not the person who "took" the photos.

Unfortunately for robots everywhere however, neither will the AI. As you might have noticed in the above quote, it is the person who took the photo who owns the copyright. While "person" is not defined in the Copyright Act, it is defined in the Acts Interpretation Act (which governs the interpretation of legislation), which provides that it includes an individual, body politic, or body corporate but not, by implication, a machine.

Therefore, the answer is that, under Australia law, no-one will own copyright in photos taken by AI. The photos simply will not be protected by copyright in Australia, as they do not have an "author" within the meaning of the Copyright Act. The Australian Federal Court reached a similar conclusion when it ruled that information sheets arranged by a computer program did not attract copyright protection.

MORE: https://www.techdirt.com/articles/201803...main.shtml
Reply


Possibly Related Threads…
Thread Author Replies Views Last Post
  Check⁉️ DIY: wilderness wound treatment + DIY: wild fruits lifesaver (Vanessa Blank) C C 1 150 Oct 22, 2023 07:21 PM
Last Post: Zinjanthropos
  DIY 11-year old may accidentally become the Greta Thunberg crusader for transhumanism C C 1 92 Jul 11, 2021 10:52 PM
Last Post: Magical Realist
  DIY space station air leak fail + Is Venus a DIY hell or did roving Jupiter cause it? C C 0 158 Sep 30, 2020 03:00 AM
Last Post: C C
  DIY in-person voting may be less risky than previously thought (new research) C C 0 181 Aug 21, 2020 11:37 PM
Last Post: C C
  Best material for homemade face masks may be a combination of two fabrics (DIY masks) C C 0 423 Apr 25, 2020 03:58 PM
Last Post: C C
  COVID-19: exercise may help prevent deadly complication (DIY prevention) C C 0 317 Apr 15, 2020 06:20 PM
Last Post: C C
  Before DIY protests, research what's really going on? + Janah's DIY poverty remedy C C 1 175 Feb 2, 2020 09:02 PM
Last Post: Syne
  DIY protection of chocholate treats (UK) + DIY grassroots protest of meat buying (NZ) C C 2 324 Sep 23, 2019 10:56 PM
Last Post: confused2
  Ditching DIY for 'do it for me' + Binging on DIY videos + DIY plans for tiny houses C C 0 320 Jan 26, 2019 07:11 PM
Last Post: C C
  (DIY languor) Brains of procrastinators may be more risk averse C C 1 563 Sep 6, 2018 01:10 PM
Last Post: Zinjanthropos



Users browsing this thread: 1 Guest(s)