I wrote this half finished story while being tortured by my government.
https://www.ontarioadministrativesegregation.ca/home.html
CHAPTER 1
I wrote this half finished story while being tortured by my government.
https://www.ontarioadministrativesegregation.ca/home.html
CHAPTER 1
Because I've tried using LLMs to generate code and I've seen the results. They are not usable. They *resemble* valid code, but they typically throw exceptions and raise errors, they can't pass unit tests, and they don't correctly handle edge cases. AI-generated code is a mess that *superficially looks right* but isn't fit to purpose.
There is a meme going around about the fact that you can tackle a normal coding task by spending 3 hours to write code and 1 hour to debug and test it, or you can use CoPilot to spend 15 minutes to write the code and 8 hours to debug and test it. That matches my experience.
If Software is subject to the same copyright law, then does this mean that AI-generated software is also not subject to copyright?
Copyright absolutely applies to software, and this ruling doesn’t change that. If a human authors software, it remains protected under existing copyright law (17 U.S.C. 101). The real question is whether AI-generated code qualifies for copyright at all. If a model spits out code entirely on its own, then based on this ruling, it probably wouldn’t be copyrightable. But that’s not how most AI-assisted development works. Tools like GitHub Copilot still rely on human developers to modify, structure, and refine the output. That might be enough for copyright protection to apply—courts just haven’t ruled on it yet.
Yeah, that's the position of the copyright office.:
If a work's traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it.[26] For example, when an AI technology receives solely a prompt[27] from a human and produces complex written, visual, or musical works in response, the “traditional elements of authorship” are determined and executed by the technology—not the human user. Based on the Office's understanding of the generative AI technologies currently available, users do not exercise ultimate creative control over how such systems interpret prompts and generate material. Instead, these prompts function more like instructions to a commissioned artist—they identify what the prompter wishes to have depicted, but the machine determines how those instructions are implemented in its output... As a result, that material is not protected by copyright and must be disclaimed in a registration application.
In other cases, however, a work containing AI-generated material will also contain sufficient human authorship to support a copyright claim. For example, a human may select or arrange AI-generated material in a sufficiently creative way that “the resulting work as a whole constitutes an original work of authorship.”[33] Or an artist may modify material originally generated by AI technology to such a degree that the modifications meet the standard for copyright protection.[34] In these cases, copyright will only protect the human-authored aspects of the work, which are “independent of” and do “not affect” the copyright status of the AI-generated material itself.[35]
The guidance goes on to instruct applicants for copyright registration to "disclose the inclusion of AI-generated content in a work submitted for registration and to provide a brief explanation of the human author's contributions to the work" and "AI-generated content that is more than de minimis should be explicitly excluded from the application."
... Dr. Thaler argues that the Copyright Act’s workmade-for-hire provision allows him to be “considered the author” of the work at issue because the Creativity Machine is his employee. Thaler Opening Br. 52-56; 17 U.S.C. 201(b). That argument misunderstands the human authorship requirement. The Copyright Act only protects “original works of authorship.” 17 U.S.C. 102(a). The authorship requirement applies to all copyrightable work, including work made-for-hire. The word “authorship,” like the word “author,” refers to a human being. As a result, the human-authorship requirement necessitates that all “original works of authorship” be created in the first instance by a human being, including those who make work for hire.
Specifically, the employer (including corporate entity) of a employee who creates a work for hire is the legal owner of the copyright, but they are not the author. The employee is the author, and ownership passes to the employer by law.
But it's like doing your own appendectomy. Legally, you can do that, too. But it's a terrible idea, and you are likely to make mistakes that are permanent and unfixable.
Popeye's great, and they're still making the comic strip. Nancy's gotten pretty good again. Little Orphan Annie eventually got canceled, but man, it was just insane after around 2000 or so.
Patents keep getting longer too. They used to be 14 years long, and now they're 20.
I agree with the idea of a fixed-term regardless of life but 5-years is too short.
My proposal has been requiring authors to take affirmative steps to get a copyright (it's not automatic or free, though the fee is nominal), so that we only have to worry about the works the author specifically wants to protect, and that the terms would be 1-year with renewals. The number of renewals would depend on the type of work, but in no event would be all that long.
There was a study some years ago that suggested that 15 years was optimal in general. I'd like to see more investigation of that.
With a short, fixed term like that I would also extend a "character-right" for the life of the author i.e. give them exclusive rights to author more books set in the same setting/universe with the same characters so that only they, or those they authorize, can write sequels to their works while they live.
Strong disagree. First, life terms are too unpredictable (and might be shorter than fixed or renewable terms of years). Second, part of the goal of copyright is to encourage the creation of unauthorized derivative works; that's why we have limited terms to begin with.
If an author writes a series of books over years in a common setting, with common characters, the first one entering the public domain only opens up the setting and characters as they were in the first book; third party authors can fork it -- instead of the character of John Smith remaining in Everytown USA on his farm, which was what the original author kept writing about, the new unauthorized one has him set out on magic spy adventures in space. The market can sort out whether this is popular or successful.
This sort of thing has worked out okay before. The Aeneid is just the pro-Trojan, pro-Roman fanfic sequel to the Iliad. (Virgil: "Turns out some of the Trojans survived the war and escaped and had crazy adventures! Let's follow them instead of continuing with Odysseus or Agamemnon.")
Copyright is, in part, to ensure that the creator is reasonably paid for the time the creation took.
No, it's not. This is, no pun intended, patently obvious -- look at all of the unsuccessful artists out there, who will never be successful by virtue of their art even if the copyright lasted a billion years.
Copyright gives people a shot at success, but ensures nothing. Most works are, with regard to copyright-derived income, total flops. Most artists don't get reasonably paid from their copyrights.
It's a lot more like a lottery ticket; lots of people try their luck, and all but a handful lose. The tiny number of big winners, combined with the poor math skills of the average artist or gambler, result in people trying again and again and again, almost always fruitlessly.
But as a side effect, our culture gets enriched with all of this art. Maybe not much, if it's bad, but the only way to get more good art is to have more art created period.
I don't know what the minimum guaranteed copyright term should be, just that 95 years definitely isn't it. Perhaps copyright shouldn't even be one thing, but variable from genre to genre, medium to medium.
I agree that it should vary, probably by medium. Different media have different viable commercial lifetimes, ranging from less than a full day, in the case of a daily newspaper, to usually no more than a couple of decades (and possibly less, now) in the case of TV and movies. On the other hand, I don't think we need guaranteed minimums at all. If an author wants a copyright, let them apply for it -- by as simple a means as possible, but still requiring an affirmative act and the payment of a token sum, such as $1, so that they have to put in at least a little thought. In many cases, the author won't bother, in which case, why should we be putting a copyright on it anyway?
And what if the creator dies unexpectedly at a young age? Would you have the creator's estate forfeit any benefit? The creator might have a young family with children that depends on the income.
So what if instead there is an auto mechanic who dies unexpectedly at a young age, and who left behind a young family with children that had depended on their income? Do they get a royalty on the cars he fixed, or do you say fuck his family, he should've been a successful artist.
No reason for there to be a special solution that only benefits young, dead, successful authors and their surviving families. Everyone dies, and plenty of people die young or otherwise leave their family in dire straits. And the vast majority of creators are never successful in the first place, whether during their lives or posthumously.
Better then to have a more generalized solution: encourage people to get life insurance policies, regulate the insurance market so that they actually pay out, and provide a social safety net just in case. This solution doesn't fuck up our copyright laws, helps more people, is more reliable (what if the work suddenly stops being popular?), and is just plain better in every imaginable respect.
Copyrights have their uses, but providing for one's widow and orphans is not one of them. That's just a red herring meant to play on people's sympathies.
It should be noted that as soon as copyrights expire, the work will be taken up by hollywood who just wants to make a quick buck without compensating the original author. That can't be good, either.
No, that's fine. Remember, it's not just Hollywood that does that; everyone can and does. For example, the Wicked movie just came out, which is the film adaptation of a musical adaptation of a novel which came out in 1995, which in turn was a derivative work based on the novel The Wonderful Wizard of Oz from 1900 which has been in the public domain since 1956. (Although Gregory Maguire, the author of Wicked, did put in a few elements from the still-copyrighted 1939 film, but little enough as to not matter -- mainly just the Witch's green skin)
This is all exactly the sort of thing we want to encourage: authors -- and songwriters, and performers, and filmmakers -- creating new works derived from older works just as much as we encourage them to create new original works. The main thing is to get more works created, of any kind -- sheer quantity is the only way to get more works of quality.
//GO.SYSIN DD *, DOODAH, DOODAH