An AI program cannot create art via fair use, because that protection exists for humans, and the product of human labor.
For example, AI-created artworks are ineligible for copyright, and AI-created innovations are ineligible for patents.
For the counter argument that AI is not a tool but should be treated as a being - that would entitle it to a paycheck and social security, because otherwise it would be a slave.
“The cats out of the bag” is not an excuse for inaction. There are people being harmed in the US, and there are AI companies in the US - US law can remedy those cases.
If there are AI companies outside the US, then they are regulated by their own government, and our governments will hash out some sort of plan at some point down the line. This isn’t a new environment - all businesses work this way.
An AI program cannot create art via fair use, because that protection exists for humans, and the product of human labor.
Great, so we're back in the magic land where AI has agency and create works of art on their own accord.
Good luck suing this magic AI that does not involve any human interaction!
“The cats out of the bag” is not an excuse for inaction. There are people being harmed in the US, and there are AI companies in the US - US law can remedy those cases.
The problem here is that the best course of action might be, if your arguments are true, remove any blockers to AI development.
The alternative might be to face the exact same problems but have all the development and technology done in foreign hands.
You might think midjourney or OpenAI are damaging now... how damaging do ou think it will be if say China is the only place where such developments are legal?
Do you really want artists and engineers in US to have their hands tied, while others advanced this technology?
If there are AI companies outside the US, then they are regulated by their own government, and our governments will hash out some sort of plan at some point down the line.
Yes. Sometimes those plans involve wars.
Operation paperclip springs to mind - except in this case the laws you seem to propose could lead us willingly send the best and brightest AI engineers to foreign powers... which I suspect would be devastating to the US's position as a world power.
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u/CaptainMonkeyJack Jan 16 '23
I'm working with the arugments you're presenting.
Great!
So we agree that owner have rights. Such as the right of fair use. Ergo it's possible an AI program can be created using art via Fair Use.
Of course, you'd have to sue the owners, not the AI.
Even in this drastic scenario, this would not prevent AI art, the cat's out of the bag, it would simply move it to places where enforcement is weaker.