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Everything might be OK! Warhol v. Goldsmith

Copyright post
An orange and black Andy Warhol silk-screen painting of Prince, circa 1984. Orange Prince” by Andy Warhol.

The United States Supreme Court released its opinion today in Andy Warhol Foundation v. Goldsmith. While it’s hard to predict the full ramifications of this decision at this point, our initial opinion is that this decision is not ideal, but also not the death knell for transformative fair use that many feared it could have…

Style, Copyright, and Generative AI Part 2: Vicarious Liability

Better Internet, Licenses & Tools, Open Creativity, Technology post

In my last blog post, I looked at whether copyright protects artistic style, particularly in the context of generative AI (GAI) art tools like Stable Diffusion and Midjourney. However, in the class action litigation against Stable Diffusion and Midjourney, the plaintiffs are not only concerned that people can use the GAI tools to produce works…

The Complex World of Style, Copyright, and Generative AI

Better Internet, Licenses & Tools, Open Creativity, Technology post
Illustration of four superheroes, wearing masks and punk outfits and two holding guitars, standing in a washed out cityscape. “Grunge Heroes” by Stephen Wolfson for Creative Commons was generated by the Midjourney AI platform with the text prompt “a grunge band from the 1990s made up of superheroes.” CC dedicates any rights it holds to the image to the public domain via CC0.

In my previous posts on generative AI, I discussed fair use and AI training data, copyright over AI outputs, and a recent U.S. Copyright Office decision on registration for a work produced by generative AI. In the next posts in our series, I will look at claims (exemplified in a recent case against Stable Diffusion…

Zarya of the Dawn: US Copyright Office Affirms Limits on Copyright of AI Outputs

Better Internet, Copyright, Licenses & Tools, Open Creativity, Technology post
Close up of the face of Zarya, from the comic Zarya of the Dawn, looking intent in a dark urban landscape with glowing lights. “Zarya of the Dawn”: detail of an image generated by Midjourney AI from the full graphic novel by Kristina Kashtanova.

In a recent post, we explained why, absent significant and direct human creative input, generative AI outputs should not qualify for copyright protection. We noted that exactly what constitutes enough human input is not entirely clear; while a simple text prompt shouldn’t be enough, other areas will present more complex questions. Just this week, the…

Fair Use: Training Generative AI

Better Internet, Copyright, Licenses & Tools, Open Creativity, Technology post
Generated by AI: An oil painting in the style of Pieter Jansz Saenredam of a robot learning to follow a recipe in a Dutch kitchen with a large collection of tiny artworks arranged haphazardly on shelves. “Robot Training” by Creative Commons was generated by the DALL-E 2 AI platform with the text prompt “an oil painting in the style of Pieter Jansz Saenredam of a robot learning to follow a recipe in a Dutch kitchen with a large collection of tiny artworks arranged haphazardly on shelves.” CC dedicates any rights it holds to the image to the public domain via CC0.

While generative AI as a tool for artistic expression isn’t truly new — AI has been used to create art since at least the 1970s and the art auction house Christie’s sold its first piece of AI artwork in 2018 — the past year launched this exciting and disruptive technology into public awareness.  With incredible…

Better Sharing for Generative AI

Better Internet, Licenses & Tools, Open Creativity, Technology post
A bluish surrealist painting generated by the DALL-E 2 AI platform showing a small grayish human figure holding a gift out to a larger robot that has its arms extended and a head like a cello. Better Sharing With AI” by Creative Commons was generated by the DALL-E 2 AI platform with the text prompt “A surrealist painting in the style of Salvador Dali of a robot giving a gift to a person playing a cello.” CC dedicates any rights it holds to the image to the public domain via CC0.

Over the last year, innovation and use of generative artificial intelligence (AI) has exploded, providing new ways for people to create content of all sorts. For example, it’s been used to help create award winning art, develop educational materials, expedite software development, and craft business materials. Recently, three artists filed a class action lawsuit in…

CC’s #BetterSharing Collection | February: Sharing Brightens The Future

About CC, Open Creativity post
An illustration of three human figures floating in a circle, each holding a light source: a caveman with a flaming stick, someone in medieval European clothes with a candle, and someone in modern dress with an electric lightbulb, all on a bright yellow background. Sharing Brightens The Future” by Teo Georgiev for Creative Commons & Fine Acts is licensed under CC BY-SA 4.0.

As part of our #20CC anniversary, last year we joined forces with Fine Acts to spark a global dialogue on what better sharing looks like in action. Our #BetterSharing collection of illustrations was the result — we gathered insights from 12 prominent open advocates around the world and tasked 12 renowned artists who embrace openness…