New OpenAI art program does NOT claim copyright for AI

A case currently before the United States Court of Appeals is to decide whether artificial intelligences should have patent rights over the processes they were used to design. Throw a spanner in the works, Open AI announced that artists using his new SLAB beta software can sell the work: “Starting today, users get full use rights to commercialize the images they create with DALL·E, including the right to reprint, sell, and commercialize. This includes the images they generated during the search preview. (July 20, 2022)

First, here’s what DALL-E can do:

Some worry about its impact on crafts:

OpenAI’s press release for DALL-E 2 markets the cutting-edge technology as a “powerful creative tool” that will accelerate and inspire the creative process. But as some have already begun to point out, the ability to bring DALL-E 2 to market is likely to have quite a big impact on the creative industries – and some of the resulting ramifications may not be good.

“This is absolutely insane,” wrote a Twitter user who claims to have used the software. “I’ve been using it for a while and its understanding of composition, lighting, color is mind blowing. So many implications that we need to think about about how this tool is used and what it means for artists. artists/creators now that it opens the rights.

Maggie HarrisonOpenAI says it’s good to sell images made with DALL-E 2” at Futurism (July 22, 2022)

Others see the potential of greater artistic productivity:

So far this has not happened. People who gained early access to DALL-E found that it elevates human creativity rather than rendering it obsolete. Benjamin Von Wong, an artist who creates installations and sculptures, says it has, in fact, increased his productivity. “DALL-E is a great tool for someone like me who can’t draw,” says Von Wong, who uses the tool to explore ideas that could then be incorporated into physical works of art. “Rather than having to sketch out concepts, I can just generate them through different prompt phrases.”

KnightWhen AI creates art, humans provide the creative spark” at Wired (July 13, 2022)

Here is how a number of artists have used it.

Robert J. Marks, author of just published You not calculable, considers OpenAI’s approach to be legally correct. He said Mind Matters News,

AI-generated images should be no more copyrighted than Google search engine results.

DALL-E 2 is an amazing AI tool. But in the end, it is a tool and nothing more. It generates impressive images. But, according to a good call from the US Copyright Office, AI-generated art cannot be copyrighted. Thus, OpenAI’s concession to use DALL-E 2 images for free is not as altruistic as it seems at first sight.

In my book You not calculable, we use an image from the ThisPersonDoesNotExist.com website where realistic images of people’s faces are generated by AI. Even though it is an outstanding achievement, these images cannot be copyrighted. For my book, we cited the source, but it was not necessary to seek copyright permission.

There is no AI creativity here.

From across the room, a bouquet of flowers can look real. But closer examination may reveal that they are man-made. There’s no dirt or water on the stems and the flower petals don’t look real. This is the case of artificial intelligence. On the other side of the coin, the AI ​​may seem real. But a closer look reveals that it is contrived. Hence the term artificial intelligence. Under the hood of DALL-E 2 hide complex and beautiful calculations. But all credit for creativity belongs to the ingenuity of computer programmers — not AI.

A step back: OpenAI, co-founded by Elon Musk, caused a stir a few years ago with the GPT-3 typewriter that was supposed to decimate the news industry and drown us all in fake news. The consumer news industry is indeed in deep trouble, but for reasons unrelated to GPT-3. And fake news remains a crowded market in which even AI struggles to find a niche. So artists, use or don’t use DALL-e, because it works with your style, but carry on with your art.

To note: SLAB not Absolutely free: “Each DALL·E user will receive 50 free credits during their first month of use and 15 free credits every month thereafter. Each credit can be used for an original DALL·E prompt generation—returning four images—or a modification or variation prompt, which returns three images. But it’s pretty cheap.

The mind matters is on the list of the first million to get one and we’ll get back to you.

You can also read: Should AI get patents on the designs it helps develop? This is an ongoing argument in the United States Court of Appeals. The argument is based on a misunderstanding of what artificial intelligence (AI) actually does when performing many iterations of a design process. (Robert J. Marks)

Kayleen C. Rice