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That's an extremely good point. The output of software is never copyrightable. What makes language models not software?


Isn't Photoshop software?


Photoshop's output has been completely guided (until recent additions) by a human who can hold a copyright.

That being said, isn't a prompt guidance?


Adobe doesn't hold copyright on images produced using Photoshop. Assuming prompt guidance can be used to claim copyright (unclear, see https://arstechnica.com/information-technology/2023/02/us-co... ), that copyright would presumably be held by the person doing the guidance and not the company that trained the AI.




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