> human can patent of copyright work done with AI assistance
Not sure about patents in the US but irt copyright, only the parts that are not LLM output are copyrightable. All LLM output is automatically public domain.
So if you have a work that was done with AI assistance, only the pieces of that work that are human authored can be subject to copyright. The AI parts cannot, if there are any.
I think it's long past time we get rid of the silly idea of intellectual property all together. If AI has the potential to do any good in the world in its current form, its that.
> All LLM output is automatically public domain.
That is not exactly true under US law. You're simplifying what the copyright office has said to the point where you're missing the key points of what they were trying to convey.
The copyright office has affirmed multiple times that whether or not you use an LLM is irrelevant. Copyright eligibility requires "sufficient human-authored expressive elements". It doesn't matter what tools you use -- an LLM, a troop of trained monkeys, etc.
Ultimately all that matters is whether or not the human creativity involved qualifies. Because copyright is ultimately a right that protects human creativity.
So yes, if you put "write me a book" into ChatGPT -- that clearly does not quality for copyright. "Write me a book" itself is not creative enough for copyright.
Now on the other hand, if you spend 1000 hours writing a book, and you run it through ChatGPT for suggestions and/or edits -- there is no reason why that LLM output would not qualify.
https://www.copyright.gov/ai/Copyright-and-Artificial-Intell...
Yes, provided you can separate the two (e.g. a book and illustrations in one case). AFAIK the courts have still not ruled on what happens when AI and human contributions cannot be separated etc.
It varies a lot in other countries, but in most (if not all) an AI cannot hold a copyright.
AI isn't a legal entity that can do anything, let alone hold a copyright. It is an inanimate box of numbers.
The only two things that can transact with any legal system in any way are humans and groups of humans.
But a human can hold the copyright on the output of an AI - but the requirements for that are not clear in the US yet. They are clear in the UK but the government is thinking of changing the law.
A human can hold the copyright for anything for which they've contributed the requisite level of authorship and creativity. There are no tooling requirements or prohibitions.
That should be obvious but unfortunately lots of people believe (or have a vested interest in pretending to believe) LLMs are living, thinking, sentient entities and that belief is going to influence the politics and legislation around AI to some unknown degree.
Hearing otherwise intelligent people anthropomorphize AI in legal arguments makes me realize why lawyers advise everyone just to shut their mouths and ask a lawyer.