Originally published at: Side-scrolling shoot-em-up made with Midjourney art | Boing Boing
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Cool idea, but the copyright nature could be an issue for for-profit companies. I could see midjourney being used for the seed of a design without any copyright claims tho. 
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Engineer who wants to make games without having to deal with a human artist does seem like the raison d’etre for Midjourney. Although, now that I’m typing it out loud, I realize we’ve had “make your own videogames without an engineer” to enable the other side of the coin for at least a decade…
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The lack of copyrightability is one of the best things about AI generated anything.
Unfortunately, I wouldn’t be surprised if lobbyists are already working out how to bribe Congress into extending copyrights and patents to corporate AIs. Stephen Thaler keeps losing at that attempt in the courts, but he doesn’t have Disney dollars to throw at Congress critters.
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He keeps losing because he keeps trying to claim that the AI is the “author” of the work.
If he tried claiming that the programmer of the AI was the author or the person providing the input that generates the output (or both), he’d be far more likely to succeed. But he’s not interested in that.
From the reports so far, this seems to be bit of a red herring. Per the copyright office, the AI can’t be the registrant, is all.
Stuff we make with AI is subject to whatever licensing agreement comes with use of the software. And the output is going to be subject to copyright claims from artists either directly (the output infringes a specific work, slam dunk) or in the new sense of stochastic infringement (the output derives from a body of work, good luck with that)
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