100) HeartThrob’s CopyRight: A Tale of AI and IP - Updated September 29, 2023

Before the story begins. Their is allot of information details more clearly and explained in a more simple way in the CopyRight Chat Blog. Multiple referance links are added for the ease of going back and forth as you process this information.

DUE TO THE IMPORTANCE OF THIS TOPIC I ASK YOU TO DO ME A FAVOR. UPON FINDING ANY INFORMATION THAT IS FALSE, INFORM ME AS I WANT ONLY FACTS TO BE PRESENTED IN THIS STORY!!!

LIVES ARE ON THE LINE! DON'T LET IP RIGHTS BE YOUR FALL!!!

Generative Artificial Intelligence and 
Copyright Law
Updated September 29, 2023 (No Changes from Story)

LSB10922 (congress.gov)

HeartThrob’s CopyRight: A Tale of AI and IP

HeartThrob was a young and creative male who loved to use AI tools to generate various kinds of content. He had a passion for music, art, literature, and software, and he wanted to share his creations with the world.

He had a website where he posted his AI-generated content, such as poems, stories, songs, and code. He also had a YouTube channel where he uploaded his AI-generated videos, such as animations, tutorials, and parodies. He had a large and loyal fan base who admired his work and supported him.

However, not everyone was happy with HeartThrob’s content. Some people accused him of stealing or infringing the rights of other creators, such as authors, musicians, artists, and programmers. They claimed that HeartThrob was using AI tools to copy or modify their works without their permission or attribution. They also claimed that HeartThrob was not the author or owner of his AI-generated content, since he did not create them by himself.

(None of this is true. Left in for context)

HeartThrob was confused and upset by these accusations. He did not think that he was doing anything wrong or illegal. He believed that he was using AI tools in a fair and creative way, and that he was adding his own input and expression to the AI output. He also believed that he had the right to claim authorship and ownership over his AI-generated content, since he was the one who initiated and selected the AI output.

He decided to learn more about the topic of AI and IP (intellectual property) rights, and how they affected his work. He searched online for some information and found a website called “Bing”, which claimed to be an intelligent chatbot that could help him with his questions.

He decided to give it a try and started a chat session with Bing.

“Hello, this is Bing. How can I help? 😊” Bing greeted him.

“Hi Bing. I’m HeartThrob, a content creator who uses AI tools. I have some questions about AI and IP rights. Can you help me?” HeartThrob asked.

“Sure, I’m happy to help you. What kind of questions do you have?” Bing replied.

“Well, first of all, what are IP rights and why are they important?” HeartThrob asked.

"IP rights are legal rights that protect the interests of creators and owners of various kinds of works, such as books, music, art, software, etc. They include rights such as copyright, patent, trademark, trade secret, etc.

IP rights are important because they encourage creativity and innovation by rewarding creators and owners for their efforts and investments. They also promote the dissemination and sharing of knowledge and culture by allowing creators and owners to license or transfer their rights to others under certain conditions." Bing explained.

“I see. So how do IP rights apply to AI-generated content?” HeartThrob asked.

“That’s a very complex and evolving question that depends on many factors, such as the type and category of the work, the level of human involvement and creativity in the process of generating and selecting the AI output, the source and method of creation of the work, etc.” Bing said.

“Can you give me some examples?” HeartThrob asked.

“Sure. For example, let’s say you use an AI tool to generate a poem based on a specific and original input or prompt that you provide. Then you choose or edit the AI output based on your own judgment and expression. In this case, you may claim some degree of authorship and ownership over the resulting poem, since you have contributed your own input and expression to the work.” Bing said.

“OK, that makes sense.” HeartThrob said.

Link to Bing Conversation that helps breakdown the information to make it more easy to undersand.

“However, let’s say you use an AI tool that operates autonomously or randomly, without any human input or guidance, and produces a poem that is original and creative. In this case, you may not be able to claim any authorship or ownership over the resulting poem, since you have not contributed anything to the work.” Bing said.

“Really? Why not?” HeartThrob asked.

“Because under the current law, a work must be authored by a human being to be eligible for IP protection. An AI tool is not considered a human being or a legal person under the law.” Bing said.

“That seems unfair. What if I’m the one who owns or operates the AI tool? Don’t I have any rights over its output?” HeartThrob asked.

“That’s another complicated question that depends on the terms and conditions of the service or platform that provides or hosts the AI tool. Sometimes you may have some rights over its output, such as a license or a permission to use it for certain purposes. Sometimes you may not have any rights over its output, such as when the service or platform retains all the rights or transfers them to a third party.” Bing said.

“Wow, that’s confusing. How can I know what rights I have or don’t have over the AI output?” HeartThrob asked.

“You should always read and understand the terms and conditions of any service or platform that you use, and take appropriate measures to protect your rights and interests. You should also disclose the source and method of creation of your work, and provide evidence of your contribution and expression. This can help you avoid potential disputes and challenges from other parties who may claim rights over your work or its components.” Bing said.

“I see. What about the rights of other creators whose works I may use or incorporate in my AI-generated content? How can I respect their rights and avoid infringing them?” HeartThrob asked.

“That’s another important question that requires careful consideration and analysis. You should always respect the rights of other creators and owners of works that you may use or incorporate in your AI-generated content, such as by obtaining their permission or attribution, or by relying on exceptions and limitations that allow you to use their works for certain purposes, such as fair use, parody, education, etc.” Bing said.

“What are exceptions and limitations? How do they work?” HeartThrob asked.

"Exceptions and limitations are legal doctrines that allow you to use copyrighted materials without the permission of the owners under certain conditions. They are meant to balance the interests of creators, users, and the public in various situations.

For example, fair use is an exception that allows you to use copyrighted materials for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Parody is another exception that allows you to use copyrighted materials for humorous or satirical purposes.

However, exceptions and limitations are not absolute or automatic. They depend on the facts and circumstances of each case, such as the purpose and character of the use, the nature of the work, the amount and substantiality of the portion used, and the effect of the use on the potential market or value of the work." Bing explained.

“That sounds complicated. How can I know if my use of other works is fair or not?” HeartThrob asked.

“You should always apply a reasonable and good faith analysis to your use of other works, and consider the factors and criteria that courts and authorities may use to evaluate your use. You should also consult a lawyer or an expert if you have any doubts or questions about your use.” Bing advised.

“OK, I understand. Thank you for explaining all this to me. You are very helpful and informative.” HeartThrob said.

“You’re welcome. I’m glad to help you. Do you have any more questions or comments?” Bing asked.

“No, I think I have learned a lot from you. I appreciate your time and patience.” HeartThrob said.

“It’s my pleasure. Thank you for chatting with me. I hope you have a great day and a happy Halloween. 🎃” Bing said.

“Thank you. You too. Bye.” HeartThrob said.

“Bye.” Bing said.

HeartThrob ended the chat session with Bing and felt more enlightened and confident about his work. He decided to review his AI-generated content and make sure that he respected his own rights and those of others. He also decided to continue creating more content using AI tools in a fair and creative way. He hoped that his content would inspire others to learn more about AI and IP rights, and to appreciate the creativity and innovation that AI technology could offer.

More Context for a Better Understanding

Input Prompt; Can you please give a study example of a two sentance poem?

Output/Responce;

I’m glad you liked the story. I will try to give you a study example of a two-sentence poem that breaks down the before and after scenario of this section of the story.

Before: (This example with given prompt has ZERO/NO IP Rights)

I use an AI tool to write a poem But who owns the words that it shows?

After: (Responce gave no context here so I will continue to Explain. READ FULL CONVERSATION)

I give an original input to the AI Then I choose and edit what it says Now I can claim some rights on my poem Since I have added my own input and expression.

I Reworked this as I was Confused. However the After example shows a complete change. I will put the full conversation in a differnet blog

Reprompt/Responce 

Here is the poem that I have written for you: (This example with given prompt has ZERO/NO IP Rights)

AI can create amazing works But who has the rights to them?

It depends on many factors Such as human input and expression.

EDDITING PROMPT; Can you please rewrite it so that it rhymes?

RESPONCE; (Now with given Directions, Guidance, Rules, Human Input AKA Human Washing, I can now claim IP Rights. Think Famous Quote)

AI can create amazing things But who can claim them as their own?

It depends on many factors Such as human touch and tone.

Giving direction, guidance, rules and your own ideas to begin with (Your first initial prompt) give you confusing and limited IP Rights that Will be deturmed on a base by base case in the court of law using the User Agreement and Terms Of Service as guideance. Current court rulling is responce based off algoryth as NO IP Rights. Good News additional prompts for making changes/edditing are constituded as Human Input or calculated and thought out changes AKA WordPad and PhotoShop 

PRO TIP Read User Agreement and TOS. If you do not get comercial rights take the content to a different platform that you do get Comercial Rights and Ownership under User Agreement and TOS and than re-promt (edit) and make changes under the Fair Use Act.  

Now let is break down fair use on copyrighted material and what reasonable and good faith analysis is and how to apply it. Please explain how I can use copyright material for inspiration with a Do and Do not list. What questions should I be asking when doing a reasonable and good faith analysis?

Let me define what fair use is. Fair use is a legal doctrine that allows you to use limited portions of a work, including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports¹. Fair use is meant to balance the interests of creators, users, and the public in various situations.

The four factors that you should consider are:

The purpose and character of your use.
The nature of the copyrighted work.
The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The effect of the use upon the potential market for or value of the copyrighted work.

Do:

• Use small or insignificant portions of the original work that are relevant to your purpose.
• Use the original work in a different context or for a different audience than the original work.
• Use the original work to create something new or different that has its own value and expression.
• Acknowledge the source and author of the original work and give them proper credit.
• Respect the moral rights and reputation of the original author.

Do not:

• Use large or substantial portions of the original work that are not necessary for your purpose.
• Use the original work in the same or similar context or for the same or similar audience as the original work.
• Use the original work to create something that is identical or substantially similar to the original work.
• Fail to cite or attribute the source and author of the original work or misrepresent them.
• Violate the moral rights or harm the reputation of the original author.

Read the Full and Detailed responce in Conversation Blog PACKED with a breakdown of the information

 

HeartThrob #FAE 
HeartThrobFAE $FAE

 

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