The AI Film Soloist #02_25

Good Thursday, my fellow soloists!

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My mini survAIval insight of the week: Key Takeaways from the U.S. Copyright Office's Report on Copyright and Artificial Intelligence

YES. It is a good time to be an AI Film Soloist!

It seems we will be able to copyright creations made with the use of AI. This is very good news for creators who see this technological artistic revolution as an enhancer of our creative potential, like the amazing Kris Kashtanova

If you are a filmmaker, here are some key points from the U.S. Copyright Office's report on Copyright and Artificial Intelligence you should be aware of:

• AI-Generated Content is Not Copyrightable

  • Material created entirely by AI without significant human input cannot be copyrighted.

  • Copyrightability is determined on a case-by-case basis.

• Human Authorship is Essential

  • Copyright protection requires human-created expressive elements.

  • The more human creativity involved, the stronger the claim to copyright. Human creative decisions remain copyrightable.

• AI as a Tool vs. AI as a Creator

  • Using AI to enhance a film (e.g., color correction, de-blurring, rotoscoping) does not prevent copyright protection.

• Prompts Do Not Qualify as Authorship

  • Simple prompts given to AI are considered instructions, not creative expressions.

  • AI-generated content based on basic prompts is unlikely to be copyrightable.

• Expressive Inputs Can Be Protected

  • If you input original creative content (e.g., drawings, music) into an AI system, you may hold copyright over that portion of the output.

  • This is similar to derivative work protection but does not extend to AI-generated elements alone.

• Modifying AI-Generated Content Can Be Copyrightable

  • If you edit, arrange, or adapt AI-generated content with creative choices, the resulting selection and arrangement may be protected.

  • However, the original AI-generated elements remain unprotected.

Final Advice for Filmmakers

• Use AI as a tool, not as the primary creator.

• Ensure significant human creative input in your work.

• Keep records of your creative process to support copyright claims.

The Bottom Line: Humans Must Create, AI Can Only Assist.

Take all of this with a grain of salt! Keep in mind that we are just entering uncharted law-making territory. The new AI far west is here!

Read the whole article here.

I hope that these news, tools, and insights help you prepare for the future!

Have a really nice end of the week and weekend.

Stay kind.

Rafa Tirado