A rule against copyrighting AI art will be unworkable.

I’ve generally been against giving AI works copyright, but this article presented what I felt were compelling arguments for why I might be wrong. What do you think?

  • shagie@programming.dev
    13·
    1 year ago

    Unless you specifically pay for the rights transfer (and it’s not cheap), the photographer owns the copyright.

    https://www.rocketlawyer.com/business-and-contracts/intellectual-property/copyrights/legal-guide/wedding-photos-does-your-photographer-legally-own-them

    Under federal law, if there is no agreement to the contrary, your wedding photographer, or any photographer for that matter, owns the pictures that they take. This means that they have the sole right to copy and distribute the photos, including potentially the right to sell the photos, to publish the photos in any form, and to reproduce the photos either electronically or in a printed hardcopy version. And even more importantly, copyrighted material cannot be reproduced or copied without permission from the photographer.

    …

    Generally, photographers do not like to offer their services to clients through a Work for Hire Agreement. This may be partly related to their desire to require clients to purchase prints and books directly from them. Many photographers, however, do not want to completely relinquish their rights because they may be trying to build or protect their reputation.

    Granted, this a US take and may vary by country…

    https://www.thecoffeetablebook.com.au/what-do-a-bride-and-groom-need-to-know-about-copyright-when-booking-a-wedding-photographer/

    If you are a couple getting married in Australia, the copyright law automatically assigns copyright to you and not the photographer. However, most professional photographers will have their clients sign a contract that reassigns the copyright to the photographer. Now let’s be very clear, this is not the photographer being shady or deceptive in anyway. It’s simply to protect their work, the photographs in this case, that they created.

    • abhibeckert@beehaw.org
      1·
      1 year ago

      Generally, photographers do not like to offer their services to clients through a Work for Hire Agreement

      If I was getting married, I’d find one that will do a work for hire agreement. It’s my wedding, I want to own the photos. Nobody else should be profiting off them (aside from what I paid them to take the photos).