SimonDoom
Kink Lord
- Joined
- Apr 9, 2015
- Posts
- 15,773
"Sole owner of whatever portion anybody owns" and "full owner" are very different things though - it's quite possible to have content that nobody owns. This came up in the monkey selfie case you mentioned too: although it was determined that the monkey didn't own copyright in the photo, it didn't follow that the camera-owner did. Wikimedia took the position that the photo was public domain and treated it as such, the camera-owner disagreed and threatened legal action but that seems to have fizzled.
The problem that arises, if you interpret "full owner" in a strict way, is that in many, perhaps most cases, the author couldn't claim to be the author. It would lead to absurd results.
In almost any creative work subject to copyright that you can think of, there will be many elements of the work that the author can't claim ownership of, because they don't qualify as copyrightable subject matter. For instance, if I write a history book, and do extensive research using other books, and an editor, and a proofreading application, there will be elements of my work that are not protected: dates, facts, quotes from other works, photographs licensed from other works, the contributions of my editor and from my proofreading application. I cannot claim to own every single thing in my work. But there is no doubt that I'm entitled to register the copyright in my history book, and I can claim ownership subject to a disclaimer of anything I don't own.
The same principle holds for a Literotica story, even though the details are different. My story may be based on research of other stories, or perhaps relating to the setting or time period. Perhaps it's based on psychological works. Perhaps I had the help of an editor. As long as I'm not falsely claiming ownership of these things, which I cannot, it seems to me I should still be able to say I am the "full owner," because if the answer were otherwise it would be absurd. I don't see the use of AI as being any different, so long as its use does NOT involve the contribution of unattributed copyrightable subject matter to my story.
I agree as a practical matter nobody can be very confident about what the right answers are until the courts--or Laurel--have weighed in.