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Suppose I use an artificial intelligence (AI) program to create a picture of a famous person (e.g. a politician or movie star), Suppose I then use the picture in an article or book in a manner that isn't defamatory and doesn't violate the person's publicity rights. Let's say it's a political cartoon that is insulting, but it falls within fair use.

If I use a commercial service (e.g. Shutterstock) to create the picture, then my understanding is they would own the copyright, whether I modify the picture or not.

Question: If I use a non-commercial service, would the picture be in the public domain? If so, I'm assuming I could claim copyright if I substantially modified it, right?

Paredon
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There is no copyright in AI generated art

Copyright requires an author and authors have to be human. See Who if anyone owns copyright of algorithmically produced works?

Modification

You can, of course, modify an uncopyrighted work. Whether the modified work is subject to copyright would depend on if the modifications rise to the level of an artistic work. That’s a pretty low bar but you could only sue if someone copied your changes, not if they copied the original parts of the image.

Dale M
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