3. Copyright for Generative AI
How should copyright be dealt with for Generative AI ?
If a human paints an exact copy of AI-generated output by hand using paint and brushes, the situation becomes more nuanced, but the work likely still would not be copyrightable.
Here's the reasoning:
The creative content still originated from AI. Even though the human is using a traditional medium and manual technique, they're not making creative decisions about the design, composition, imagery, or artistic vision—they're simply replicating what the AI already created. The creative authorship still belongs to the AI, which cannot hold copyright.
Exact reproduction ≠ original authorship. Copyright protects original expression. An exact hand-painted copy, by definition, isn't introducing new creative choices or original expression—it's faithful reproduction of someone else's (or something else's) work.
Manual skill ≠ copyrightable creativity. The human's technical skill in painting accurately is not the same as creative authorship. A skilled copyist can produce a perfect reproduction of a masterpiece, but that reproduction doesn't become the copyist's copyrighted work—the original remains protected (if it has copyright).