Q: If you run a copyrighted image through an AI upscaler, Does the AI rendered image fall under copyright?
If you were to take an image of a piece of art that has been copyrighted, run it through an AI Up-scaling program (which redraws the image at higher resolution using all the original colors, lines, shapes, proportions, etc... with some minuscule imperfections), would the new AI image fall under copyright protection? I've seen that a DC judge has ruled that AI images cant be copyrighted, and I've also seen people copyright artwork they've restored even though they didn't add anything new, just restoration. Since this image would be 100% newly redrawn by AI, would it be free use even though its based on an existing copyright image?
A: It is the position of the US Copyright Office, affirmed by federal courts, that copyright can protect only material that is the product of human creativity. If the derivative work is created solely by AI processing without human intervention, then it does not enjoy the benefits of copyright protection.
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A: The copyright status of an image created by an AI upscaler would depend on whether the new image contains sufficient originality to qualify for copyright protection. If the AI process merely involves technical improvements, such as resolution enhancement without introducing substantial original creative elements, the new image is less likely to be considered a separate copyrighted work. However, it's a complex legal issue, and a court would ultimately decide based on specific facts and circumstances.
Fritz-Howard Raymond Clapp agrees with this answer
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