Everything Made By an AI Is In the Public Domain

The US Copyright Office offers creative workers a powerful labor protective.

Norman Rockwell’s ‘self portrait.’ All the Rockwell faces have been replaced with HAL 9000 from Kubrick’s ‘2001: A Space Odyssey.’ His signature has been modified with a series of rotations and extra symbols. He has ten fingers on his one visible hand. Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en
Cryteria/CC BY 3.0, modified

Last week, a US federal judge handed America’s creative workers a huge labor win: Judge Beryl A Howell of the DC Circuit Court upheld a US Copyright Office ruling that works created by “AIs” are not eligible for copyright protection.

This is huge.

Some background: under US law — and under a mountain of international treaties, from the Berne Convention to the TRIPS —copyright is automatically granted to creative works of human authorship “at the moment of fixation in some tangible medium.”

That is: as soon as a human being makes something creative, and records it in some medium (a hard-drive, magnetic tape, paper, film, canvas, etc), that creative thing is immediately copyrighted (the duration of that copyright varies, both by territory and by whether the creator was working on their own or for a corporation).

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Pluralistic: When parties fail, movements step up (17 August 2023)


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Pluralistic: Private equity plunderers want to buy Simon & Schuster (08 August 2023)


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Pluralistic: When the app tries to make you robo-scab (30 July 2023)


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Pluralistic: Linkty Dumpty (15 July 2023)


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  • Linkty Dumpty: Things I thought about when I was supposed to be on holidays.
  • This day in history: 2003, 2008, 2013, 2018
  • Colophon: Recent publications, upcoming/recent appearances, current writing projects, current reading

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Pluralistic: Links, dumped (10 June 2023)


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Pluralistic: Hollywood is the single best example of mature labor power in America; On the Media on the enshittification (pt 1) (06 May 2023)


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Pluralistic: Convicted monopolist prevented from re-offending (27 Apr 2023)


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A Collective Bargain

Workplace democracy is a training ground for true national democracy.

The cover of the Harpercollins edition of Jane McAlevey’s “A Collective Bargain.”

Now, if you want higher wages let me tell you what to do
You got to talk to the workers in the shop with you
You got to build you a union, got to make it strong
But if you all stick together, boys, it won’t be long
You get shorter hours, better working conditions
Vacations with pay. Take your kids to the seashore-

-Pete Seeger, Talking Union Blues


For years — decades — unions seemed like a relic, an elegant weapon for a more civilized age. American union participation nosedived in the Reagan years and continued to decline, year after year, with no bottom in sight.

Until 2018.
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Pluralistic: How workers get trapped by "bondage fees"; Red Team Blues Chapter One, part five (21 Apr 2023)


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