AI CREATIONS AND COPYRIGHT

Since my last 'artsy' post, some time went by - I had published a drawing with the title UNTITLED GRAPHITE DRAWING - MARCH 2025 and promised to post a update of AI creations based on this drawing. Forgive me, but this is still on my backburner. I hope this post here will do in the meantime.

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In conversations on a message board the question of copyright for AI creations came up. My first search for answers led me to this:

Can you copyright the content you make with generative AI?

But I am rarely satisfied with one answer, so I decided to ask Microsoft Copilot about it. The exchange was quite interesting. Following I record this conversation. Q=me and A=Copilot.

Conversation with the Microsoft Copilot

Q: can you copyright ai generated content
A: Ah, copyright and AI—a fascinating intersection! In many jurisdictions, copyright protection is typically granted to works created by humans. Since AI-generated content lacks human authorship, it generally falls into a legal gray area. However, some countries are exploring laws and policies to address this. For instance, in the United States, the Copyright Office has expressed that works created solely by machines or systems without human involvement do not qualify for copyright protection. Meanwhile, the European Union is also considering how to handle this issue. To stay up to date on the latest developments, it’s a good idea to consult a legal expert or keep an eye on news in the copyright law realm.

Q:I am aware of the arguments about this issue. I think it cannot be answered overall, but must be looked at on an individual basis. How much human input was there, with a seed image, the detailed instructions of the prompt, the model used, and so on.
A: You’re absolutely right—this is a nuanced topic that doesn’t lend itself to one-size-fits-all answers. The degree of human involvement and creative input can vary widely, and that complicates the issue. Some factors that might be considered include:
Seed Image: If a human provides a base image, it might strengthen the argument for human authorship.
Detailed Prompts: The specificity and complexity of instructions given to the AI can also be a factor. The more detailed and creative the prompts, the more human input there seems to be.
Model Used: Different AI models have different capabilities, and some might require more guidance and tweaking from a human operator than others.
This kind of case-by-case approach is likely necessary to fairly assess the extent of human contribution in the creation of AI-generated content. It’s an evolving area of law, and it’ll be interesting to see how different jurisdictions handle these cases as they arise.Q: Good answer – as in my case, I post my work, be that analog or AI, as CC, so for me, that Q is moot. My AI stuff often has my own paintings, drawings or details thereof as seed images. I also trained Loras with my own art, so that is another layer of human input. Basically I was ‘asking for a friend’.
A: That sounds like an excellent approach! Using Creative Commons (CC) licenses is a great way to share your work while ensuring it’s used appropriately. The layers of human input you mentioned—your paintings, drawings, and training Loras with your own art—definitely add a substantial human element to your AI-generated creations. It’s a thoughtful and creative way to blend traditional and digital artistry.
Your friend must be lucky to have someone so well-versed in both art and the nuances of AI! If you or your friend ever have more questions or need assistance with anything else, just let me know. 😊Q: Thank you – my friend, a fellow artist, is one I am playing ‘prompt pong’ with. We share our prompts and keep adding our own individual ‘mustard’ to them.
A: That sounds like a fantastic and creative collaboration! “Prompt pong” is a fun and dynamic way to push the boundaries of your creativity and see where your combined ideas can take you. The blend of your artistic styles and the evolving prompts must lead to some truly unique and intriguing works of art.
If you ever want to share some of your prompt ideas or discuss new techniques, I’m here to help. Keep up the great work, and enjoy your creative journey with your friend! 🎨🏓😊

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Examples of creations I shared with my friend Paulo Cunha
on Nightcafe his handle is @IAmWhoIWasNot

^{Cryptid taxidermy Freak Show - A Surreal Fantasy painting by Paulo F Cunha, inspired by the Mystic Otto Rapp,}
Here is one of the posts by Paulo, using a prompt I adapted for some of my own posts:^{The Albino Master of Cryptid Creepy Crawlers - by Paulo Cunha}
And one from myself, based on one of his prompts:For this I added my own text to a basic prompt I had imported from my friend Paulo Cunha. I used this before and published some, but now I tried it with my Trained Painting Lora in four different formats. It started with a prompt to create a music piece on suno.com - and this was the result: Orlando Enraged

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Since on the Copilot – here is a creation with the Image Creator

THE PROMPT FOR THE ABOVE WHICH IS ALSO THE SAME USED ON NIGHTCAFE:
Surreal bio-mechanical digital painting. Medium shot. Cthulhu-human hybrid creature stands amidst a dystopian, post-apocalyptic wonderland. Sharp focus. Intricately detailed, hyper-realistic, with imperial colors and Art Nouveau patterns. Golden hour lighting casts long shadows across the creature’s organic, biomechanical body. Iridescent, mother-of-pearl colors shimmer on its skin, reminiscent of Gustav Klimt’s style. Otto Rapp’s dark, mystical atmosphere pervades the scene.The above was done on Nightcafe with the Boltning XL v1 Lightning Model
BTW - if anyone is interested to try out Nightcafe, check out my profile there - the link is a invitation link: ArtoftheMystic on Nightcafe - if you sign up, which is completely free for a basic account, and once you publish your first creation, both you and I get bonus points.

Finally, a quote I thought was funny, on the initially mentioned blog about Copyright for AI:

You can’t copyright AI-generated images, writing, video, or anything, according to a ruling by the U.S. Copyright Office. So if somebody else wants to reuse something you made using ChatGPT, DALL-E, or any other AI tools, they can and there’s nothing you can do about it, legally (you could do something illegal, like smash their coffee maker with a hammer, but that’s risky, and doesn’t scale).
All images posted were created by myself on the platforms of Nightcafe, (unless other wise marked) Deep Dream Text2Dream and Microsoft Image Creator.

This is a expanded version from my Wordpress Blog, posted on February 16th, 2025
^{Note: Some links such as for Nightcafe and Suno AI are Invitation links - they get you as well as myself some extra points which can be used for creations and posting.}

One more for the road, some retro cheesecake

I hope you found my post both informative and enjoyable
^{I don't post as frequently as I should, but nevertheless, stay tuned!}

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Visit my website
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^{PRINTS OF MY ARTWORK AVAILABLE HERE:}


Bonus Special: A recent creation on Nightcafe, animated and turned into a video
Video created with Microsoft Clipchamp

Scientific experiments to breed a super chicken for robot warfare gone wrong. Running chicken DNA with AI prompting through a Hadron Collider was not a good idea!

MY INTRODUCTION - ABOUT MY WORK

should you not be on the blockchain, or have no upvote power, or this post is already older than 7 days, you can always just buy me a coffee.

Final Words of wisdom and a pet concern of mine, especially about art diplomas:
I had in years past come across quite a few 'fake diplomas' that pretend to be academic credentials. Next to 'Pay to Play Galleries' they are the scourge to be avoided. The summary of a paper about this spells it out
DEGREE MILLS - THE BILLION DOLLAR INDUSTRY
^{If you google the title you will find where this book is available, but also there are many videos on this subject.}