As more and more artists turn to generative code and other algorithmic tools to make their work, we should consider extending protection to the products of these methods.
“What’s your favorite?” he recently, sharing four computer-generated variations on an abstract visual theme, along with a poll allowing people to register their preferences. The denizens of Twitter began to weigh in. Some cast a vote without comment, while others offered Roux a rationale. One user said they preferred a particular image over another “because the red makes it look more lush.” The user speculated that they might feel differently if the overall color scheme were different.
It’s also the thing that could make it difficult to obtain copyright protection for his work in the US. Under current law, to the extent that authors are not making individualized creative choices in the production of an artwork, that work is not copyrightable.
, a work of visual art he says was created entirely by an AI paradigm he calls the Creativity Machine.depicts a set of train tracks disappearing into a tunnel festooned with green and purple forms that give the impression of abstracted, cascading wisteria. Parts of the picture seem as though they’ve been double exposed, with a second image swelling up within the first, giving the whole scene the effect of a kind of euphoric hallucination.
“My feeling is that it’s a person implemented with silicon,” Thaler says. While the Creativity Machine doesn’t have every aspect—or, really, any aspect—of a human being’s anatomy, Thaler points out that anatomical perfection isn’t what makes for intellect.
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