The U.S. Copyright Office office provides details in their latest two reports from this year regarding this very topic. For me it becomes very clear; If it is copyrightable then is it art; If it is not (and the majority of generative art is not), then it is not and has no place in a commercial rpg product.I mean the biggest problem is that we're talking a spectrum, not a binary. Consider teh following:
1. PUrely prompt generated. "A man in a spacesuit."
2. A sketch of a man sort of in a space suit, use a control net, and then add the prompt, "man in a spacesuit."
3. A detailed ink drawing of a man in a space suit. prompt. "fabric texture, and advanced circuitry."
4. Detailed, colored drawing of a man in a spacesuit, inpainted into a larger canvas, prompt: "against a nebula."
I could do more, but each one of these bits of art uses "AI" to a greater or lesser degree. At what poing do we say that the human element, the work of the artist, is sufficiently dominanting that we can say: this isn't AI generated?
Edit: Link to an article discussing the latest report. A link to the report itself is the article along with a link to the previous article discussing the first report (which has a link to that report).
natlawreview.com/article/clarifying-copyrightability-ai-assisted-works
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