The relevant information and pictures are from the author of Xiaohongshu, Galaxy Small Universe, for discussion only, and the pictures of the flower show are from the article https://mp.weixin.qq.com/s/krfQu16P6BRVwI6RKF7x_g shenzhenLook.
Recently, the flower show in the Guangdong-Hong Kong-Macao Greater Bay Area has become a hot topic in the industry. For many AIGC creators, this is not only a beautiful scenery worth visiting, but also a realistic classroom on copyright issues. Designer Dr. Lam Pei-ngai's AIGC creative team said that when they saw the visual effects of Fu Lu Yuan, they had mixed feelings. On the one hand, they were amazed that the other party could apply 2D AI technology so well to landscape design, which was not easy to formulate, model, draw construction drawings, and consider materials and structures. But on the other hand, creators can't help but have doubts about plagiarism. Because the main visual effect of Fu Lu Yuan is very similar to their previous works.
At present, there does not seem to be a copyright regulation specifically for AIGC creators, which means that their works are facing plagiarism, and the road to protecting their rights is extremely difficult. Many creators have called for prior consent from the original author when they see someone else's work and intend to use it. After all, behind every image is the creator's hard work and wisdom.
From the visual feast of Fuluyuan to the copyright thinking of AIGC creators, we can't help but ask: how to balance innovation and protection in the era of intertwined technology and creativity? On the one hand, the beautiful landscape of Fuluyuan shows the charm and innovation of AI technology, and on the other hand, it also triggers deep thinking about the copyright protection of AIGC creators. In the context of the lack of special regulations, how to ensure that the rights and interests of creators are not infringed has become an important issue in front of us.
01
How to judge the copyright ownership of traditional design works
In the traditional field of architecture and landscape, the copyright ownership of a work usually depends on the following factors: Originality of the work: Whether the work is original or not is a key factor in determining whether a work is protected by copyright. Originality means that the work is created independently by the author and is not plagiarized or imitated from someone else's work. Form of expression of works: Architectural and landscape works can be expressed in the form of drawings, models, photographs, videos, etc. As long as a work has a certain form of expression, it is protected by copyright. Author of the work: The author of the work refers to the person who created the work. In the case of joint creation, the authors shall jointly enjoy the copyright.
Other special copyright issues: the right of authorship of architectural works: The right of authorship of architectural works includes the right of authorship, the right of publication, the right of modification and the right to protect the integrity of the work. The right of authorship of architectural works is enjoyed by the architect. Right of authorship of landscape works: The right of authorship of landscape works includes the right of authorship, the right of publication, the right of modification and the right to protect the integrity of the work. The right of authorship of landscape works is enjoyed by the landscape architect. Duration of protection for architectural works: The term of protection for architectural works is for the lifetime of the author and fifty years after his death. Duration of protection of landscape works: The term of protection of landscape works is for the lifetime of the author and fifty years after his death.
In the context of traditional design techniques, the ownership of property rights often depends on the creativity and expression of the creator. Designers use their expertise and creativity to create unique designs that are protected by intellectual property laws. When design plagiarism occurs, it is usually determined whether there is infringement by comparing factors such as the similarity of the two works, the source of the idea, and the time of creation.
There are different criteria for judging different situations for the laws and regulations and different professional fields to which the design copyright belongs. Therefore, in practice, it is necessary to conduct a legal assessment in the context of the specific situation.
02
When AI is the main productive force, is there also a problem of ownership of AICG creations?
When AI is used as a major productive force, the generation of AICG creation and auxiliary design work will undoubtedly bring more complex property ownership issues.
The generation of AICG is largely based on the design and creation of some existing big data, and these creations, whether they are landed or not, must be completed by others. If you switch to traditional design techniques, the process of AI tools generating works based on these past results is like the generation of many designers' works, which is based on reading and referring to many built cases, combined with the designer's own thinking, to produce works. AI tools simply speed up this process exponentially with incredible computing power. And the creation itself, different works, the cost of creative time paid by the creator and the technical concentration invested by the individual, can be very different.
For example, a designer can generate hundreds of scheme effects through a sentence (prompt keyword), but the action itself is a bit similar to the past when a designer outputs a noun in the browser's gallery, and the gallery feeds back countless intentions. The difference is that if these intentions are real scenes, they should have real designers, developers, and photographers, even if they are designed with traditional methods. However, no design renderings generated by AI software are exactly the same in the real world, no matter how realistic, so theoretically there are no other copyright holders in the real world except for AICG creators.
However, it should be noted that the cost paid by the creator in this type of AI creation process may only be a series of related keywords, and the time and technical cost paid is relatively low. And what we can't deny is that the ability to generate such renderings through such a keyword is objectively based on a large number of other people's creativity and the computing power of AI tools, rather than the subjective initiative of the creator.
The copyright issue of AICG's creation itself is destined to be a controversial issue that needs to be constantly discussed, amended, and revised.
On the one hand, we cannot deny that the data sources that AI relies on in the creation process are diverse, which may include pre-existing works, design concepts, art styles, etc. Whether the creators and holders of these original data should enjoy some form of rights and interests when AI generates new works is itself an issue worthy of in-depth discussion.
On the other hand, we need to recognize the uniqueness of AI creation. While AI relies on a lot of existing data when generating artwork, the AI creation process is not as simple as copying and pasting. Through the analysis and learning of data, AI is able to generate new and unique works. This uniqueness makes AI creations different from traditional creations in terms of property ownership.
03
As the creator of AIGC, can the intellectual property rights of the works be protected by others?
In the field of AIGC (AI-generated content), the protection of intellectual property rights of creators will be an increasingly concerned issue. When AI is used as a creative tool to provide us with design solutions, and its works are used by others, should its intellectual property rights be effectively protected?
First of all, we need to be clear that AI-generated AICG creations also have intellectual property attributes. Whether it is a creation completed independently by AI or a creation generated under the guidance of a human creator, the original author's content creativity, hard work and wisdom, especially high-level and systematic AI creation, must theoretically need to obtain a certain degree of property rights protection. However, creators who have actually operated AI-related mapping software should also know that the time cost and energy invested by creators are very different due to the difference in the level and nature of AICG creation. Therefore, in reality, due to the particularity and complexity of AI creation, its intellectual property protection faces many challenges.
On the one hand, the generation process of AI creation often involves multiple subjects, including human creators, AI technology developers, data providers, etc., which makes it difficult to define property ownership. On the other hand, the innovative and unique nature of AI creation also makes it difficult for it to be fully covered by traditional copyright law. Only new IP protection mechanisms can be explored to adapt to the characteristics of AI creation. This includes improving relevant laws and regulations to clarify the ownership and distribution of property rights and interests in AI creation, strengthening the crackdown on infringement of AI creation to protect the legitimate rights and interests of creators, and at the same time, it is also necessary to encourage self-discipline and regulation in the industry to promote the healthy development of AI creation.
Of course, the design of architecture and landscape projects in the real sense is a huge and complex problem, from the positioning attributes of the project, customer group analysis, design strategy, style concept, traffic flow, greening plants, to communication with Party A, persuasion Party A, the whole process contains more "invisible" comprehensive professional capabilities. To be able to realize the creativity of a design is not only based on visual impact.
There can be thousands of creative visual forms, and to successfully implement a project still requires a combination of many comprehensive capabilities and various factors. So a good idea is just a good start to a design project, not an end. It is like a seed that needs to be planted in the right soil in order to take root and thrive. This soil is the integration of many factors such as the designer's comprehensive professional ability, interpretation of the project background, Party A's needs, and adaptation to the market environment.
Waiting for relevant departments to improve relevant laws and regulations, as well as self-discipline and norms in the industry, and promote the healthy development of AI creation, is certainly an optimistic view, but designers and creators still need to face up to the fact that only "productivity with thresholds" is the real "core productivity" and property rights that can be adhered to.
04
Advice to Designers: Create a threshold for competition
Through this incident, we can roughly infer that although AI provides designers with efficient and high-quality productivity, it is far from enough to successfully implement projects, maintain core competitiveness, and form a closed loop of production. In addition to AI technology, designers themselves also need to raise the threshold of competition in order to maintain their uniqueness and competitiveness in the wave of AI creation.
Strong and comprehensive professional skills and knowledge are certainly paramount. Despite the ability of AI tools to generate diverse design solutions, true innovation and uniqueness still come from the expertise and experience of human creators. Designers should continue to deepen their professional skills in the field of design, combined with the current social trends, market conditions, output design concepts and styles that are more in line with the current situation, and after thorough thinking in the big framework and underlying logic, combined with relevant technologies and tools, in order to make a suitable design. With reasonable planning and functional configuration, there can be a basic tonality in the visual form, which AI cannot replace the designer's thinking and judgment.
At present, the real estate market is down, architecture, landscape design, many are gradually transforming, and projects need to consider the future operation simultaneously, which requires more professional thinking. To do a good job in a project, hardcore technology still requires designers to "do their homework". Designers can establish their own unique design methodology and work structure to create a unique service process that meets the needs of the market.
Build a personal brand and style with a focus on innovation and uniqueness. When utilizing AI tools to create, designers should maintain the pursuit of innovation and uniqueness. While AI can generate a large number of solutions, the real value lies in how unique and feasible designs are sifted out of them. Designers should learn how to guide AI tools and combine their own ideas and ideas to generate works that match their own style and philosophy.
In the age of AI creation, it has become especially important to build a personal brand and style. Designers should form their own unique design styles and concepts through continuous practice and innovation. Build your own personal brand by spreading the word about your work and ideas to stand out from the competition.
From a moral point of view, it is important to comply with laws and ethics, but in the real market, we see more of the situation: who made the work first is not necessarily the most important, but who finally makes the public remember that work is the most important. Only by systematically outputting AI works, combined with appropriate promotion methods, can the public remember them and form a brand effect.
Write at the end
AI technology has brought unprecedented creative opportunities to designers, but designers also need to maintain their uniqueness and competitiveness in the wave of AI creation. With the popularity of AI technology, AI technology does not have much of a moat, and instead of expecting to be protected by relevant regulations, the threshold of manufacturing competition is king, and designers can stay ahead of the curve in the AI era by improving their professional skills, building their personal brand and style, and guiding AI tools to generate works that match their own style and philosophy.
As an individual, focus on legal and ethical issues. When using AI tools to create, designers should pay attention to the relevant legal and ethical issues to avoid unnecessary trouble. Understand and comply with relevant intellectual property laws and regulations, respect the creative achievements of others, protect your own creative rights and interests, restrain yourself, and explore new intellectual property protection mechanisms to adapt to the characteristics of AI creation. Only in this way can designers go further on the road of AI creation, create more unique and valuable design works, and continue to empower the industry.
Note: The article is the original contribution of Lesetta, some of the pictures are from the Internet, thank the original author for his hard work, the copyright belongs to the original author, only for learning and exchange!
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