Lisa Oratz Quoted in Descript—Can You Copyright the Content You Make with Generative AI?
Lisa Oratz was quoted in "Can You Copyright the Content You Make with Generative AI?," an article in Descript, regarding the development of the law around who owns AI-created or AI-assisted content.
The emphasis on predictability surprises Lisa Oratz, a veteran IP lawyer at Perkins Coie, which is a big law firm. (It's worth mentioning that she's also Descript's lawyer). Predictability had never been a factor in determining human authorship before. "It's a new standard," Lisa says.
Lisa says she would've expected the Copyright Office to focus more on the nature of the inputs — the prompts that Kashtanova wrote in Midjourney to get the images she wanted. The Copyright Office could have looked at the human involvement the artist described in their process and found that it wasn't detailed enough to constitute sufficient human authorship — the key to determining whether a creator can claim a work as their own.
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