Post #3420494
2026-06-26 14:43 UTC
There are two threads of copyright law:
∙ As protection of unique artistic expressions. There is a "spark of creativity" which is like any ordinary property.
∙ Unauthorized copying as bad faith business dealings. Creators can't create knowing that anyone can copy their work for free.
Both are part of the judicial understanding of copyright law, but at different times in history, one has been more prevalent than the other. Right now, the first is very ascendant.
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Replies (1)
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@b@xoxo.zone 2026-06-26 14:43
The ordinary property approach leads to a sort of analysis where judges try to isolate the spark of creativity in an earlier work and determine whether a later work used that spark, and if so, whether it added sufficiently novel changes to that spark. It's comparative art criticism, but by judges. Brought to AI, it turns into downright metaphysics: is the spark of human creativity encoded in model parameters? And now everybody is confused. 3/7