Post #1473870
2026-03-02 21:24 UTC
Ah, this is Thaler v. Perlmutter.
I seem to have picked up a reputation in these parts as being "pro-AI", so I'm not sure how my view will be interpreted, but Thaler is basically a loon. This case is not really over whether *AI art* can be copyrighted. It's about whether AI itself can *hold* copyright. ie, Thaler isn't arguing "I hold the copyright to this piece of art." He's arguing "*my AI* holds the copyright to this piece of art."
Since AI is not a legal person - it's neither human nor a corporation - this is basically an open and shut case. There is no entity capable of holding copyright in this case.
Since Thaler himself is explicitly disclaiming that *he* holds the copyright, that means the work in question has no copyright holder. Which puts it into the public domain. This specific piece in this specific circumstance, not *all* AI-generated pieces.
It's a commonly misinterpreted case.
Replies (2)
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@frongt@lemmy.zip 2026-03-02 21:59
That seems like an unacceptable loophole. I shouldn't be able to create derivative media and have it be legal and public domain. The unlicensed training itself is a rights violation, and and media produced from it should equally be a violation.
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@Not_mikey@lemmy.dbzer0.com 2026-03-02 23:22
So is he arguing that he owns the AI as a slave then and thus has control over the copyright? Because otherwise the AI would "decide" who gets to use the copyright then and it'll probably just say yes like these things do for everything else.