Copyrighting Generative AI Co-Creations
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While different countries vary in their determination of copyrightability, jurisdictions like the United States currently do not allow an artist to copyright AI-generated content when they do not have creative control. One avenue for an author to support their case for copyright protections over work created with AI may then be to demonstrate their intent to ``predict'' outputs of the generative AI tool during the creation process, shifting elements of randomness from the AI to the human's own decision-making as much as possible. When this happens, the artist might claim to have expressed their idea with generative AI, and seek copyright protection for their work. We propose that generative AI co-creation tools can support this intention by keeping records of the predictability statistics at each generative AI iteration, and capturing the potential other options so that they can be later assessed for how closely they have predictably matched the prompt.
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