Comment on Christie's First-Ever AI Art Auction Earns $728,000, Plus Controversy

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Even_Adder@lemmy.dbzer0.com ⁨3⁩ ⁨days⁩ ago

But they do, explicitly:

Many popular AI platforms offer tools that encourage users to select, edit, and adapt AI- generated content in an iterative fashion. Midjourney, for instance, offers what it calls “Vary Region and Remix Prompting,” which allow users to select and regenerate regions of an image with a modified prompt. In the “Getting Started” section of its website, Midjourney provides the following images to demonstrate how these tools work.^136^

Unlike prompts alone, these tools can enable the user to control the selection and placement of individual creative elements. Whether such modifications rise to the minimum standard of originality required under Feist will depend on a case-by-case determination.^138^ In those cases where they do, the output should be copyrightable. Similarly, the inclusion of elements of AI-generated content in a larger human-authored work does not affect the copyrightability of the larger human-authored work as a whole.^139^ For example, a film that includes AI-generated special effects or background artwork is copyrightable, even if the AI effects and artwork separately are not.

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