> As Allen sees it, a rule establishing a review process requiring an Examiner to determine which parts of the work are human-authored seems "entirely arbitrary" since some Copyright Examiners "may not even be able to distinguish an artwork that used AI tools to assist in the creation from one which does not use any computerized tools."
The art community has already solved that for the time being: ask for WIPs, sketches, or a speedpaint video. A proof of process, rather than of work.
> "Théâtre D'opéra Spatial" is a wholly original image expressing his idea, Allen said, and to produce that human expression, he dedicated more than 100 hours to refining Midjourney text prompts through an iterative process that he estimates took more than 600 prompts.
Then his work are the prompts and the idea, not the image. He can copyright the text he input into the machine, and perhaps patent a description of the iterative process he employed - but not the graphical result.
The art community has already solved that for the time being: ask for WIPs, sketches, or a speedpaint video. A proof of process, rather than of work.
> "Théâtre D'opéra Spatial" is a wholly original image expressing his idea, Allen said, and to produce that human expression, he dedicated more than 100 hours to refining Midjourney text prompts through an iterative process that he estimates took more than 600 prompts.
Then his work are the prompts and the idea, not the image. He can copyright the text he input into the machine, and perhaps patent a description of the iterative process he employed - but not the graphical result.