Who Will Own the Art of the Future?

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Who Will Own the Art of the Future?
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OpenAI has announced that it's granting Dall-E users the right to commercialize their art. For now.

last week that its art-making AI system DALL-E is now available in beta, the company also gave users lucky enough to get off the waiting list what appeared to be a great gift. “Starting today,” the company

By preemptively giving users commercial usage rights, OpenAI is sidestepping some of the tricky intellectual property questions raised by this technology—which creates original images in a variety of styles, from photorealism to Picasso. Because some of DALL-E’s images are entirely machine-made, with the user contributing only an idea via text prompts, the results are likely not copyrightable at all. That would land them in the public domain, where everyone and no one “owns” them.

Setting aside the question of copyrightability, OpenAI is signaling to users that they are free to commercialize their DALL-E images without fear of receiving a cease-and-desist letter from a company that, if it wanted to, could hire a team of lawyers to annihilate them over “a portrait photo of a parrot sipping a fruity drink through a straw in Margaritaville.” But the platform giveth and the platform taketh away.

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