Using AI for Print on Demand - Is it Legal? (ChatGPT, Midjourney, Dall-E)

Printify
7 May 202306:29

TLDRThe video script explores the legal complexities of using AI for creating copyrightable content. It discusses the varying legal stances on AI-generated work, emphasizing the importance of human input for copyright eligibility. The script also highlights the potential for copyright infringement when AI creations mimic existing styles or data. Through examples using Midjourney, it illustrates the challenges in obtaining copyright for AI-generated designs, especially when using free versions with non-commercial terms.

Takeaways

  • 🧠 AI has become more accessible, with tools like ChatGPT, Midjourney, and Dall-E widely available.
  • 🏆 An AI-generated comic book won a state Art Fair competition, receiving copyright for arrangement but not the images.
  • 🤔 The legality and copyright of AI-generated work depend on jurisdiction and the degree of human input involved.
  • 📚 AI compiles data from the internet, which can be copyrighted, and the legal interpretation of fair use in AI training is unclear.
  • 🚫 If an AI system creates something entirely on its own without human input, it's unlikely to be granted copyright.
  • 🤝 The US and EU require human input for copyright, while the UK may allow copyright for computer-generated works without a human author.
  • 🎨 Using generic prompts with AI, like creating a t-shirt design with a sloth playing guitar, reduces the risk of copyright infringement.
  • 📝 Midjourney's terms of service state that free users do not own the assets they create and cannot use them commercially.
  • 🚫 There is a risk of infringement when AI-generated prompts closely mimic the style or work of specific artists, like Disney.
  • 🛠 The more an AI-generated image is edited by humans, the more likely it is to be approved for copyright.
  • 📋 It must be disclosed during the copyright registration process if AI was involved in the creation of the content.
  • 🤝 AI can be a powerful tool for businesses if used appropriately, considering the potential impact on the market for original artists.

Q & A

  • What is the main topic of the video script discussing?

    -The main topic of the video script is the legality and copyright issues surrounding the use of AI-generated content, specifically in the context of print on demand and creative works.

  • Why was the artist's comic book granted copyright protection for its arrangement but not for the actual images?

    -The comic book was granted copyright protection for its arrangement because it represented an original form of expression, but the actual images generated by AI may not have been considered original enough to qualify for copyright protection under current laws.

  • What does the AI have to say about the possibility of copyrighting AI-generated work?

    -According to the AI, the possibility of copyrighting AI-generated work depends on the jurisdiction, and typically, the original author, who is usually a human creator, must have substantial human input for the work to be eligible for copyright.

  • What is the current legal interpretation regarding the use of data from the internet for AI training?

    -The legal interpretation is not yet clear. While openAI claims that the data used to train AI is fair use, it remains uncertain how this will be viewed in court and whether it could lead to copyright infringement.

  • What is fair use, and how does it relate to the video script?

    -Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder, typically for purposes like education, commentary, or criticism. The video script itself is an example of fair use as it discusses copyrighted issues in an educational context.

  • How do experts view the legality of generative AI in terms of copyright infringement?

    -Experts are divided; some believe generative AI could infringe on copyrights and face legal trouble, while others think it is legal and any lawsuits would fail, as there is no clear precedent on how courts would handle such cases.

  • What are the US and EU's stance on human input in AI-generated content for copyright purposes?

    -Both the US and the EU require human input to be considered for copyright purposes, meaning that if a creator can prove substantial human involvement in the AI-generated work, it may be eligible for copyright protection.

  • What is the UK's position on copyright protection for computer-generated works without a human author?

    -The UK plans to maintain its current copyright protection laws, which recognize computer-generated works without a human author as legitimate and potentially eligible for copyright.

  • What are the terms of service regarding the ownership of assets created with the free version of mid-journey?

    -According to mid-journey's terms of service, if you are not a paid member, you do not own any of the assets you create with the free version of their service.

  • What is the implication of using a free version of AI services like mid-journey for commercial purposes?

    -Using a free version of AI services for commercial purposes is typically restricted. For example, mid-journey's terms state that the free trial is non-commercial (NC), meaning the designs cannot be used for selling products like t-shirts.

  • How can the likelihood of copyright approval for an AI-generated image be increased?

    -The likelihood of copyright approval can be increased by involving more human creativity in the process, such as further editing the AI-generated image with tools like Photoshop, and disclosing AI involvement during the copyright registration process.

  • What should one consider when deciding whether to use AI-generated content in their business?

    -One should consider whether the generated content threatens the market for the original artist and whether it complies with copyright laws, ensuring that it is used appropriately and ethically.

Outlines

00:00

🤖 AI and Copyright: The Legal Conundrum

This paragraph delves into the complexities of AI-generated content and copyright law. It highlights the recent prevalence of AI in various fields and the legal questions surrounding the copyright of AI-created works. The script mentions a state Art Fair where an AI-generated piece won first prize and a comic book granted copyright for its arrangement but not the images. It discusses the importance of human input for copyright eligibility and the fair use doctrine, which allows copyrighted material to be used for training AI models under certain conditions. The paragraph also touches on the uncertainty of legal interpretations and the potential for copyright infringement when AI-generated content is commercialized. The use of AI is described as compiling and reassembling data from the internet, which may lead to infringement disputes, and the video itself is noted as an example of fair use for educational purposes.

05:02

📜 Mid-Journey's Terms of Service and Copyright Considerations

The second paragraph focuses on the specific terms of service for the AI platform Mid-Journey and the implications for copyright. It explains that free users do not own the assets they create and are restricted to non-commercial use, as indicated by the 'NC' label. The paragraph emphasizes the potential for copyright infringement when AI-generated content closely resembles existing works, such as a prompt mimicking Disney's Cinderella style. It also mentions the platform's policy on intellectual property infringement, which includes seeking compensation from users who knowingly infringe on others' rights. The paragraph concludes by emphasizing the importance of human creativity in the copyright process and suggests that AI-generated content that is significantly edited or altered by humans is more likely to be considered for copyright. It also advises users to consider the impact of generated content on the market for the original artist.

Mindmap

Keywords

💡AI

AI, or Artificial Intelligence, refers to the simulation of human intelligence in machines that are programmed to think like humans and mimic their actions. In the context of the video, AI is central to the discussion about the legality and ethics of using AI-generated content in creative works. Examples include chat GPT, mid Journey, and Dall-E, which are all AI technologies mentioned in the script.

💡Print on Demand

Print on Demand is a service used by businesses to fulfill orders for printed products without having to keep inventory in stock. The script discusses the use of AI in creating designs for print on demand products, raising questions about the legal implications of using AI-generated designs.

💡Copyright

Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution, typically for a set period of time. The video script explores the complexities of copyright law in relation to AI-generated works, noting that copyright protection is typically granted to the original human author.

💡Jurisdiction

Jurisdiction refers to the legal authority granted to a court or legislative body to administer justice within a certain geographical region or subject matter. The script mentions that the copyrightability of AI-generated work depends on the jurisdiction, indicating that different countries may have different laws regarding this issue.

💡Fair Use

Fair use is a legal doctrine that allows limited use of copyrighted material without acquiring permission from the rights holders. It is typically applied for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. The video script uses the concept of fair use to illustrate the use of copyrighted material in an educational context to discuss AI and copyright.

💡Data Compilation

Data compilation refers to the process of gathering and organizing data, often from various sources, into a single dataset or database. In the context of AI, data compilation is how AI systems are trained using data created by humans, which can be a source of copyright issues if not properly attributed or used.

💡Infringement

Infringement in the context of copyright law means the unauthorized use of another's copyrighted work. The script discusses the potential for AI-generated works to infringe on existing copyrights, especially if they are too similar to existing works or styles.

💡Human Input

Human input refers to the creative or intellectual contribution made by a human in the creation of a work. The video emphasizes the importance of human input in determining the copyrightability of AI-generated works, suggesting that substantial human involvement is necessary for a work to be considered original and eligible for copyright.

💡Terms of Service

Terms of Service are the legal agreements between a service provider and its users, outlining the rights and responsibilities of each party. The script references the terms of service of mid-journey, highlighting the limitations on the use and ownership of assets created using their AI service, especially for non-paying members.

💡Intellectual Property

Intellectual Property refers to creations of the mind, such as inventions, literary and artistic works, designs, and symbols, names, images, and phrases used in commerce. The script warns against knowingly infringing on someone else's intellectual property, which can lead to legal repercussions.

💡Market Threat

A market threat refers to a situation where a new product, service, or technology has the potential to negatively impact the sales or value of existing products or services in the market. The video script suggests that AI-generated content could be a market threat to original artists if it is too similar or undermines the uniqueness of their work.

Highlights

AI has become more accessible and is now prevalent in various applications like ChatGPT, Midjourney, and Dall-E.

An artist won a state Art Fair competition with a comic book generated using AI, which received copyright protection for its arrangement but not the images.

The legality and copyright of AI-generated work depend on the jurisdiction and typically require human input for protection.

AI compiles data from the internet, which can be copyrighted, and its use for training raises legal questions about fair use.

Experts are divided on whether generative AI infringes on copyright, with no clear consensus on how it would fare in court.

The US and EU consider human input necessary for copyright, while the UK may allow copyright for computer-generated works without a human author.

Using AI to create a t-shirt design with a generic prompt like a 'sloth rocking out on the guitar' is less likely to infringe on copyrights.

Midjourney's terms of service state that free users do not own the assets they create and cannot use them commercially.

The more a prompt is manipulated to resemble a specific artist's work, like Disney's Cinderella, the higher the risk of infringement.

Midjourney's terms warn against knowingly infringing on intellectual property, with consequences for the user.

AI-generated content that is further edited, such as with Photoshop, is more likely to be approved for copyright.

During the copyright registration process, it must be disclosed that AI was involved in the creation of the content.

The generated content's impact on the market for the original artist should be considered when evaluating its legality.

AI can be a powerful and fun tool for businesses if used appropriately, despite the current legal uncertainties.

The video encourages viewers to experiment with AI and consider its potential benefits for their business.

The video concludes by prompting viewers to like, subscribe, and engage with the content.