But with the monkey there are two levels of separation from the artist: the human makes the creative decision to hand the camera to a monkey, who presses the trigger, and the camera makes the picture. Compared to the single layer of separation of a photographer choosing framing and camera parameters, pressing the trigger and the camera taking the picture. Or the zero levels of separation when the artist paints the picture.

A programmer writing code would be like the painter, and the programmer writing a prompt for Claude looks a lot like the photographer. The prompt is the creative work that makes it copyrightable, just like the artistic choices of the photographer make the photo copyrightable

You could argue that the prompt is more like a technical description than a creative work. But then the same should probably be true of the code itself, and consequently copyright should not apply to code at all

The copyright office's argument is that the AI is more like a freelancer than like a machine like a camera. Which you might equate to the monkey, who's also a bit freelancer like. But I have my doubts that holds up in court. Monkeys are a lot more sentient than AIs

The copyright office is pretty clear on this if you read: https://www.copyright.gov/ai/Copyright-and-Artificial-Intell....

There is case law surrounding the fact that just because you commission a work to another entity doesn't give you co-authorship, the entity doing the work and making creative decisions is the entity that gets copyright.

In order for you to have co-authorship of the commissioned work you have to be involved and pretty much giving instruction level detail to the real author. The opinion shows many cases that its not the case with how LLM prompts work.

The monkey selfie case is relevant also because since it also solidifies that non-persons cannot claim copyright, that means the LLM cannot claim copyright, and therefore it does not have copyright that can be passed onto the LLM operator.

The law is whatever it needs to be to satisfy monied interests with the degree of acceptable of adaptation being a function of the unity of those interests and the political ascendancy of those in favor.

Overwhelmingly this is in favor of treating ai as a tool like Photoshop.

Even those against AI disagree on different matters and will overwhelmingly want a cut not a different interpretation.

This filesystem driver was made by a human using AI, not a monkey.