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The Spanish Intellectual Property Registry also denies copyright to works created by AIs: so it argues

A few days ago, after the US Copyright Office finally ruled that ‘Zarya of the Dawn’ (the first comic created entirely with Midjourney) could not be protected by copyright Since it was not created by a person, the Garrigues law firm recalled on its website that, when assessing cases like this within the European regulatory framework, the resolution of the European Parliament of October 20, 2020 is essential, ” on intellectual property rights for the development of Technologys related to artificial intelligence”.

This document points out the importance of differentiate between “AI-assisted human creations” and “AI-generated creations”since “the latter pose new regulatory challenges in terms of IPR protection, such as issues of ownership, inventorship and adequate remuneration”.

“Works produced autonomously by artificial agents and robots should not be eligible for copyright protection, in order to respect the principle of originality, which is linked to a natural person, and since the concept of ‘intellectual creation ‘ carries the personality of the author.”

But not only is there the requirement of personality, but the EU rules establish that originality derives from creativity. This is what the judgment of the Court of Justice of the EU on the Eva-Maria Painer case (2011) establishes:

“an intellectual creation is attributed to its author when it reflects his personality […] This is what happens when the author has been able to express his creative capacity when carrying out the work by making free and creative decisions”.

Recently, the publication Stochastic Monkeys announced the news that the Spanish Intellectual Property Registry had begun to deny the registration of works created through the use of artificial intelligence, whether Midjourney and similar, such as chatbots such as ChatGPT, as well as its legal justification. There are no surprises when discovering that its argumentative basis is the same as those of the resolutions and sentences of the European institutions…

…as well as the current Intellectual Property Law, which establishes that copyright only exists when a work is original and it has been created by a natural person. So that it is not possible under current legislation to register a human and an AI as joint authors (let’s not talk about a solo AI anymore).

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There are no protectable ideas if there is no ideator

Likewise, according to the analysis of Alejandro Puerto (territorial registrar of intellectual property) echoed by Monos Estocásticos, “intellectual property regulations do not protect the ideas themselves considered, but the way in which they are expressed by their authors”. Therefore, without a human author, there is no copyright that can be enforced to protect (that is, to prevent someone else from using) an image, a text or -even- the plot or the characters of it.

In the face of a specific work in which the registrant acknowledges having used an AI to generate the final content from a series of initial guidelines provided by him (through the ‘prompt’), Puerto clarifies that

“The creation of intellectual works from the use of tools (analogue or computer) does not in any way prevent the birth of copyright. This will be so as long as the technical medium used allows the subject to develop their expressive capacity, that is, allows you to make free and creative decisions that reflect your personality.

An AI learned how to compose thanks to my songs, do I have the right to a part of the income generated by its "plays"?

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But –there is always a but’— the fact that the person’s contribution is limited to the prompt would mean that, in the case of using Midjourney, for example,

“The AI ​​system itself would be the one that generates the images autonomously and unpredictably. Therefore, the result of the process does not respond to a previous conception or personal execution of the person who supplies the instructions, but it is the system itself that, based on these, determines the final form of expression (images, strokes, colors and other visual elements)”.

In summary: using tools does not void copyright… but a generative AI is not just a tool.

Via | Stochastic Monkeys

Image | Based on original by ArtTower (Pixabay)

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Softwares

It was 100% smoke, but it caught thousands of cryptocurrency investors making up using an AI algorithm: they ended up in the hot seat

In recent years, cryptocurrencies have gained popularity not only as an alternative means of saving and payment, but also as a form of investment… and, with it, an option to obtain substantial profits. This, of course, has attracted all kinds of cyber-swindlers who have jumped on the wave of ‘crypto’.

One of the most prominent cases of this in recent times, at least in Spain, is that of arbistara cryptocurrency investment platform that promised great benefits (8%-15% per month) thanks to the use of an artificial intelligence algorithm called ‘Community Bot’.

Thus, the only condition for investors was that they could not withdraw their money in the first two months, but now we know that, during a period of just over a year (between May 2019 and September 2020), the platform only dedicated itself to defrauding more than 92 million euros from more than 32,000 investors (of which so far it has been possible to identify just over 5,000).

arbistar

Curiosity: the Arbistar app is still available in the Google Play Store, although it hasn’t been updated for three years.

This is how the ‘shepherd’ was set up

Therefore, yesterday the judge of the National Court José Luis Calama prosecuted seven alleged members of Arbistar for crimes of criminal organization and massive fraud, imposing a joint and several bail of €123 million (on suspicion that the amount defrauded could greatly exceed the 92 million found so far).

However, the most notable thing about the judge’s order is that it establishes that ‘Community Bot’ never existed and that the platform only sold smoke.

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in Xataka

80% of NFTs are fraud. Not us saying it, but the main NFT trading platform

55 of Arbistar’s investors invested more than €50,000, and 17 invested more than €250,000

All those unfulfillable profits were actually coming out of a classic pyramid scheme., in which part of the money from new investors was used to pay off previous investors and build trust in the system. Of course, the ‘shack’ would only work as long as the rate of entry of new investors was greater than the mass of pre-existing investors.

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For a time they focused on creating a powerful acquisition network, with which they were able to generate an image of profitability and implement a referral plan in which investors received compensation for attracting new clients.

They added to this an effective presence on social networks and the holding of public promotional events in hotels and conference rooms to attract more people.

According to the judge, the undisputed leader of the plot was Santiago Fuentes Jover: he has also determined that Jover was the one who designed the fraudulent strategy and gave instructions to keep it going both to the employees of the company and to the rest of those involved.

Image | PYRO on Pixabay

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It was 100% smoke, but it caught thousands of cryptocurrency investors making up using an AI algorithm: they ended up in the hot seat

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by Marcos Merino.

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so you can try it for free

Artificial intelligence is really versatile at the consumer level, highlighting today ChatGPT or Bard that try to save us from having to search for an answer on Google in a more laborious way. But this technology also has many other purposes, such as making very realistic creations from a simple phrase. We currently have many AIs that are capable of generating images from a sentence, and today we are also adding an AI that will generate videos from a prompt.

We are talking specifically about GEN-2, a really advanced AI video generator today that It is now available to try for free. This is hosted on the Runway page that already allowed you to generate videos with GEN-1 but from the material provided by the user himself.

GEN-2 arrives to create fantastic videos with AI

GEN-2 is presented as a multimodal AI system that generates novel videos with text, images or video clips and has different modes. The first one is the passage from text to video, although you can also find the option of generate a video from an image, stylization or convert mockups to renderings.

To be able to try this new generative AI, you do not need to pay absolutely anything. You simply have to access the Runway website and click on Try Runway Free having to register obligatorily with your own Gmail account.

Once you are in the control panel, you must press to the left on Generate videos and then in Gen-2: Text to video. Keep in mind that you have limited credits to be able to try this function, having to pay extra if you want to generate a greater number of videos.

Create

From here, you will simply have to write in English the text that you want to appear in the video that is generated, being able to add an image on which you want the creation to be based. Once done, you simply have to click on Generate and wait to see the result in front of you.

Gen 2

Something important to keep in mind is that the videos they have a duration of only four seconds and that can obtain distorted results a priori. But it is a very good starting point for everything that is to come with this tool to create royalty-free resources for your own videos. In our case, we have generated a scene of a horse galloping at dawn, and the truth is that the result has been quite adequate to what was expected.

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so is this filtered function

According to leaked information, Meta is analyzing the social potential of artificial intelligence chatbots. A screenshot shared by leaker Alessandro Paluzzi on Twitter shows what appears to be an introductory screen for the new Instagram feature.

It says that chatbots will be able to answer questions, give advice and help users to write messages.

It also says that users will be able to choose from “30 artificial intelligence personalities and find the one you like the most”. Another of the options seen in the filtered capture is that we could choose the best way to express ourselves and receive help to write messages.

The leaked Instagram capture reads:

Bring artificial intelligence to your chats for a more fun and engaged experience

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The plans announced by Meta

Goal has not announced any formal plans for such a featureand this leak is not confirmed, but it could go hand in hand with previous statements about the company’s AI ambitions.

For example, in February, Mark Zuckerberg said that Meta was “developing AI that can help people in a variety of ways” and that the company was exploring how to make bots accessible through text conversations “like chat on WhatsApp and Messenger.”

Meta already has its own ChatGPT: LlaMa, an artificial intelligence open to research

Still, it’s unclear if Meta really intends to launch these types of bots on Instagram, or what security measures it may take. What does happen is that the author of the screenshot above, Paluzzi, has a reliable track record of spotting upcoming features in the app and other social networks, so he often has good sources.

Chatbots in conversations, a difficult combination

Keep in mind that it is not the first time that AI has been used for conversations. Snap has its “My AI” bot, but, for example, it began offering unsettling advice to users, including cheering for a person who pretended to be 13 years old to have sex with her 31-year-old “boyfriend”.

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Snapchat introduced its particular version of ChatGPT in its app.  Nothing has gone, nothing good

In March, a Belgian man died by suicide, and his widow claimed he had been encouraged to commit suicide by a chatbot.

Last week we learned that the National Eating Disorders Association in the United States (NEDA) was removing its chatbot “Tessa” after continuous reports that artificial intelligence was offering harmful advice to its users. This bot replaced four of his workers fired.

Image | Claudio Schwarz on Unsplash

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