Don Giannatti
1 min readFeb 25, 2023

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"YOU CAN copyright the “work’s text” (the written prompt)"

Wouldn't that mean that the prompts would have to be published so a person wanting to make a picture would know what they could not do?

Otherwise, it would be really unfair to take someone to copyright court over a violation that was not known at the time of the creation?

To copy a piece of art or other IP means that the person that was violated can show that their work existed as a whole and was KNOWN to the person who violated it.

A prompt is invisible in the current situation, so it is not readily evident how it was used.

And how would this be enforced. A piece of AI output can be copied onto a Photoshop layer and if there was meta data, that would be eliminated. So copyright violation would be impossible to detect.

I am happy for the prompts to be displayed. In fact I think that all AI should be required to show the prompts that were used to create it.

And the use of words in short phrases are protected by fair use. In addition, it would not be copyright that would be infringed, but trademark terms used for the Prompt (my opinion of how it SHOULD be), so I think it is gonna be "good luck trying to enforce this stuff" since proving ownership of the terms "angry looking troll dude in a gothic battle suit carrying an axe" is going to be very hard to trademark or copyright.

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Don Giannatti
Don Giannatti

Written by Don Giannatti

Designer. Photographer. Author. Entrepreneur: Loving life at 100MPH. I love designing, making photographs and writing.

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