Published July 4, 2024 | Version v1
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Prompters, ¿nuevos protagonistas en la escena de las artes visuales?

  • 1. ROR icon Universitat de València

Description

In the field of literature, art and science, the democratisation of generative artificial intelligence tools is a further step in the development of a technology that, so far, has only been used by experts. The ability of these systems to interact by means of natural language has opened the door to their easily use by anyone with internet access and, with it, to the mass production of realistic and convincing artistic results that coexist with traditional works. In addition to the fear that this has generated in different professional sectors (journalists, graphic designers, translators, etc.), there are the legal problems arising from the unauthorised use of their work in the training of these latest-generation neural networks, as well as the possible protection by current legislation of the outputs produced by users of these new tools, which are presented as "enhancers" of human creativity. While an agreement is still pending between the European Parliament and the member states on how to regulate foundational models, to which these tools belong, and on the transparency obligations that will apply to them, the national copyright offices are already attending applications for the registration of works involving content generated with artificial intelligence, developing guidelines that may be useful when it comes to discriminating between results generated "with" and "by" AI. All of them strive to provide keys to detect the human factor that can be held responsible for the originality of the work and thus allow it to be registered. In the case of courts, to declare their copyright protection. The improvement of the technique to obtain better responses from these tools, as well as the improvement of their own design to obey human instructions, have determined new scenarios capable of adding more participants to the creative process, making the detection of the human factor even more complex. The following lines are devoted to explaining the process of generating images by means of these systems and the different forms of human interaction from the current rules of copyright law, offering argumentative guidelines to help to solve some of the many problems that this phenomenon poses.

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Alternative title (Spanish)
Prompts and copyright