One of the reasons that today’s copyright is such a bad fit for the modern digital world is that its roots lie deep in 18th-century law and analogue objects like books. This fact has created a kind…
Well, I think both are human creation, you are using the machine and the game to create something new. In that sense, a save game file could also be under the players copyright. Lets say a Minecraft world for instance.
What this is saying is that the Minecraft world would not be under copyright, but anything the player built in that world would be. So you can’t copyright the world itself, but you can copyright any human-made constructions in that world.
This is wholly preferable to the alternative options which could result in things like being able to copyright AI-generated works (applying his logic to AI, they’re basically saying you can copyright any edits to an AI-gen image, but not the image itself because that was AI-gen).
I meant minecraft world file which stores the chunks the player explored and potentially modified. And I said “could” not “must”, it depends on if hits a certain creative threshold.
If the player decides to teleport around while creating a dickbud or whatever by just the explored chunks, that could meet it.
If someone selectivly openes quests to use the open quest markers on a map in an RPG to create a dickbud, that cloud meet it as well.
The save game could tell your individual story through the game, that cloud meet the threshold as well.
Also, because the unmodified minecraft world is randomly generated, it would not be under anyones copyright.
With AI, there could also be made an argument that the selection process might make it copyrightable. Like if you take a picture of a interesting looking cloud. The clouds might be semi-random, but you selecting a specific one reaches the threshold.
A Minecraft World isn’t, not even if you draw on it with exploration as the world was generated from a random seed.
It is random, and unpredictable. You could maybe make an argument from reusing the random seed… But since the ability to turn the seed into the map isn’t something a human can replicate without Minecraft I think it also fails the test for copyright.
Nature is often random and unpredictable, but the process of selecting a interesting POV and taking a picture of it is still copyrightable.
I wouldn’t be so sure that if you discover a seed, that can be transformed using minecraft into a world with very interesting and specific properties, could not be under copyright protection.
In fact movies, pictures and books are specific numbers on a digital storage medium as well, that are transformed using a codec. That isn’t something that can be easily replicated without that codec.
I am not a copyright lawyer, but I think there are precedences where just the selection process from a stream of (semi-) random number, pictures, sound or events alone can produce copyrightable products.
Yes, and you have copyright on the photo - not the layout of the plants and trees in it, nor even the angle of the subject. Someone else can go with a camera and take their own photo without touching your copyright.
Much like with digital files, the copyright is as it is a non-random transformation of a mostly replicable media product. People don’t have a copyright on numbers, even if their 5000 trillion billion digit number happened to turn into a 1960s Disney short if you run it through the right compiler.
Yes, and you have copyright on the photo - not the layout of the plants and trees in it, nor even the angle of the subject. Someone else can go with a camera and take their own photo without touching your copyright.
A work is original if it is independently created and is sufficiently creative. Creativity in photography can be found in a variety of ways and reflect the photographer’s artistic choices like the angle and position of subject(s) in the photograph, lighting, and timing. As a copyright owner, you have the right to make, sell or otherwise distribute copies, adapt the work, and publicly display your work.
So if someone intentionally reproduces a picture, they violate copyright, IIUC.
In the case of minecraft, I think a case can be made, where the “picture” is the minecraft world, and the creativity is the selection process by the artist. The artist chooses their angle, position, lighting, etc, in this case they choose properties of the world, maybe by visiting thousands of them, using seed search machines, or other reverse engineering tools etc.
I all depends on if the artist can raise their work above just the random noise they get as an input in a creative way. I am not saying that all minecraft worlds (or save games for that matter) are subject to copyright, but since we are dealing with blurry lines of copyright, it is possible.
IANAL, but I think if I would look into case law, I would find examples for both options, in some cases the “selection process” was enough to demonstrate creativity, and in other cases it wasn’t.
You are correct it isn’t about the numbers, it is about the artistic and creative product that is copyrightable, which, in case of digital art, is represented as numbers, and distribution of those might be punished by law.
I am just saying that digital art can be more that just still or moving pictures and sound. It can be a world space the artist prepared for you where you can move around.
About the section on the law, I would read it just as stating what is covered under copyright, and not what isn’t. I also just mentioned what original work is, not describing derived work.
First, we’re talking cross duristicion, since I was using the EU ruling above.
Second, I’m wondering if what that US page means is that a non-original work doesn’t get copyright protections, or that non-original work is itself in breach of copyright? Maybe I should go digging to find out.
I agree deliberately designed digital worlds are artistic creations. Just that randomly generated ones are not.
You’re probably right that legal examples on both sure probably already exist.
The crux of the matter for me is the question wherever “the selection process” alone is enough to create art or not, and depending on my mood I fall to one side or another on that question. Not specifically if it is under copyright or not, because that sort of follows from that.
Artists often use randomness in various parts of their creation process, what is really required is the human element. Is a picture of a cloud, that speaks to the photographer in some way art or just a picture of a random cloud?
I guess this has to be decided on a case by case basis, therefore I cannot completely exclude it.
I agree with all that. The edge cases are tricky and there’s no easy answer.
A painter flicking or splashing paint on a canvas presumably makes something with copyright protection.
Does an accidentally statically impossible basically impossible to tell apart version accidentally made by someone flicking and splashing their own paint infringe it? I’d hope not but can’t really argue for a rule on it that doesn’t involve believing stated goals/mind reading.
Guess not a thing us mortals/non-legal professionals can ever answer.
Well, I think both are human creation, you are using the machine and the game to create something new. In that sense, a save game file could also be under the players copyright. Lets say a Minecraft world for instance.
What this is saying is that the Minecraft world would not be under copyright, but anything the player built in that world would be. So you can’t copyright the world itself, but you can copyright any human-made constructions in that world.
This is wholly preferable to the alternative options which could result in things like being able to copyright AI-generated works (applying his logic to AI, they’re basically saying you can copyright any edits to an AI-gen image, but not the image itself because that was AI-gen).
I meant minecraft world file which stores the chunks the player explored and potentially modified. And I said “could” not “must”, it depends on if hits a certain creative threshold.
If the player decides to teleport around while creating a dickbud or whatever by just the explored chunks, that could meet it.
If someone selectivly openes quests to use the open quest markers on a map in an RPG to create a dickbud, that cloud meet it as well.
The save game could tell your individual story through the game, that cloud meet the threshold as well.
Also, because the unmodified minecraft world is randomly generated, it would not be under anyones copyright.
With AI, there could also be made an argument that the selection process might make it copyrightable. Like if you take a picture of a interesting looking cloud. The clouds might be semi-random, but you selecting a specific one reaches the threshold.
A Minecraft World isn’t, not even if you draw on it with exploration as the world was generated from a random seed.
It is random, and unpredictable. You could maybe make an argument from reusing the random seed… But since the ability to turn the seed into the map isn’t something a human can replicate without Minecraft I think it also fails the test for copyright.
Nature is often random and unpredictable, but the process of selecting a interesting POV and taking a picture of it is still copyrightable.
I wouldn’t be so sure that if you discover a seed, that can be transformed using minecraft into a world with very interesting and specific properties, could not be under copyright protection.
In fact movies, pictures and books are specific numbers on a digital storage medium as well, that are transformed using a codec. That isn’t something that can be easily replicated without that codec.
I am not a copyright lawyer, but I think there are precedences where just the selection process from a stream of (semi-) random number, pictures, sound or events alone can produce copyrightable products.
Yes, and you have copyright on the photo - not the layout of the plants and trees in it, nor even the angle of the subject. Someone else can go with a camera and take their own photo without touching your copyright.
Much like with digital files, the copyright is as it is a non-random transformation of a mostly replicable media product. People don’t have a copyright on numbers, even if their 5000 trillion billion digit number happened to turn into a 1960s Disney short if you run it through the right compiler.
https://www.copyright.gov/engage/photographers/
So if someone intentionally reproduces a picture, they violate copyright, IIUC.
In the case of minecraft, I think a case can be made, where the “picture” is the minecraft world, and the creativity is the selection process by the artist. The artist chooses their angle, position, lighting, etc, in this case they choose properties of the world, maybe by visiting thousands of them, using seed search machines, or other reverse engineering tools etc.
I all depends on if the artist can raise their work above just the random noise they get as an input in a creative way. I am not saying that all minecraft worlds (or save games for that matter) are subject to copyright, but since we are dealing with blurry lines of copyright, it is possible.
IANAL, but I think if I would look into case law, I would find examples for both options, in some cases the “selection process” was enough to demonstrate creativity, and in other cases it wasn’t.
You are correct it isn’t about the numbers, it is about the artistic and creative product that is copyrightable, which, in case of digital art, is represented as numbers, and distribution of those might be punished by law.
I am just saying that digital art can be more that just still or moving pictures and sound. It can be a world space the artist prepared for you where you can move around.
About the section on the law, I would read it just as stating what is covered under copyright, and not what isn’t. I also just mentioned what original work is, not describing derived work.
First, we’re talking cross duristicion, since I was using the EU ruling above.
Second, I’m wondering if what that US page means is that a non-original work doesn’t get copyright protections, or that non-original work is itself in breach of copyright? Maybe I should go digging to find out.
I agree deliberately designed digital worlds are artistic creations. Just that randomly generated ones are not.
You’re probably right that legal examples on both sure probably already exist.
BTW, thank you for this discussion!
The crux of the matter for me is the question wherever “the selection process” alone is enough to create art or not, and depending on my mood I fall to one side or another on that question. Not specifically if it is under copyright or not, because that sort of follows from that.
Artists often use randomness in various parts of their creation process, what is really required is the human element. Is a picture of a cloud, that speaks to the photographer in some way art or just a picture of a random cloud?
I guess this has to be decided on a case by case basis, therefore I cannot completely exclude it.
You’re welcome, and thank you too.
I agree with all that. The edge cases are tricky and there’s no easy answer.
A painter flicking or splashing paint on a canvas presumably makes something with copyright protection.
Does an accidentally statically impossible basically impossible to tell apart version accidentally made by someone flicking and splashing their own paint infringe it? I’d hope not but can’t really argue for a rule on it that doesn’t involve believing stated goals/mind reading.
Guess not a thing us mortals/non-legal professionals can ever answer.