Those two hypothetical scenarios you listed don’t necessarily work the way you are describing it, which is why the whole logic and mechanisms behind the US copyright laws might seem incomprehensible or illogical to you.
In reality, it is way more complex and less clear-cut. Which makes sense, because oversimplifying it will lead to silly-sounding conclusions and an almost entirely incorrect understanding of how this works.
For those who don’t want to read the actual full explanation (which is a totally normal position, as the explanation is going fairly into the weeds), I will just a put a TLDR summary at the end. I suggest everyone to check out that summary first, and then come back here if there is interest in a more detailed explanation.
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First, we gotta settle on 3 key concepts (among many) the US copyright law relies on.
1. Human authorship - self-explanatory; you cannot assign authorship to a fish or your smartphone.
2. Original/minimal creativity - some creative choices, not just "I pressed the button."
3. Fixation - the content needs to be recorded on a tangible medium; you cannot copyright a "mood" or a thought, since those aren’t tangible media.
Now onto your hypothetical scenarios:
1) "Initialize an algorithm to point your camera at the street and write those bytes to disk and you are the author of a perpetual stream of data."
Writing bytes to disk satisfies fixation, but it doesn’t automatically make you the author of a copyrightable work. You gotta satisfy the minimum creativity requirement too (e.g., camera positioning, setup, any other creative choices/actions, etc.). Otherwise you are just running a fully automated security cam feed with zero human input, and those videos aren’t easily copyrightable (if at all). You might own copyright in a video work if there’s sufficient human creative authorship - but mere automated recording doesn’t guarantee that.
2) "Initialize an algorithm to point your camera at the street and describe those bytes in words and you are no longer the author a perpetual stream of data."
This is just close to being plainly incorrect. If you (a human) write a textual description, that text is typically copyrightable as a literary work (assuming it’s not purely mechanical like "frame 1: car, frame 2: another car, etc." with no expressive choices). Creating a description doesn’t erase any copyright you may or may not have had in the underlying recording. They’re just different works (audiovisual work vs. text work).
Important to note: neither makes you the author or owner of the underlying "data" of reality, because copyright protects expression, not the underlying facts.
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TLDR:
* Recording the street can produce a copyrightable work if there is human authorship and minimal creativity in how the recording is made. Pure automated capture may fail that.
* Describing the street in words is usually a separate, independently copyrightable work (e.g., a text or audio version of those words), but it doesn’t change the status of the underlying recording.
But how does that apply to photography vs AI photo generation?
Photo (w/ camera):
1. MET: Human authorship - somebody picked the tools (lens, body) and used them.
2. MET: Creativity - somebody chose a subject, lighting, etc.
3. MET: Fixation - film (or SD card)
Photo (w/ AI):
1. MET: Human authorship - somebody picked the tools (models etc) and used them.
2. MET, maybe?: Creativity - somebody wrote the prompt, provided inputs, etc. (how is this substantially different than my wife taking a random snapshot on her phone?)
3. MET: Written to disk, same as a digital camera.
The camera analogy breaks at one specific point: who determines the expressive elements of the final work.
With photography, the human determines framing, angle, timing, lens, exposure. The camera just records light from a scene the human selected and composed. Even a random photo reflects where the photographer stood and when they pressed the shutter. The device doesn’t invent the composition.
With AI imagen, the user provides high-level instructions, but the system determines the actual composition, lighting, geometry, textures, etc. The expressive details of the final image are generated by the model, not directly controlled by the user.
That’s why the US copyright laws currently treat them differently. It is less of a "tool vs. tool", and more of whether the human determined the expressive content (or if the system did). Prompting can be creative (in a legal sense), but giving instructions is not the same as controlling the expression.
If I tell a human painter “paint XYZ in an expressionist style,” I don’t become the author of the painting. The painter does, because they determined the expression. And since the painter (in the case of AI imagen) is not a human, then that work usually cannot be copyrighted.
There is an important caveat to all of this: it’s not binary or perfectly clear-cut. If someone iteratively refines prompts, controls seeds, manually inpaints, selects and arranges outputs, heavily edits the result, etc., then those human contributions can be protected. But purely AI-generated output, where the system determines the expressive elements, is not considered human-authored under the current US copyright laws.
Mind you, none of this is perfectly settled, as this is a very rapidly evolving/adapting area of law (as it pertains to AI usage). I am not claiming that this is the end-all of how it should be legislated or that there are no ways to improve it. But the current reasoning within the US copyright law used to address this type of a scenario (at the present moment) doesn't strike me as illogical or unreasonable.
In reality, it is way more complex and less clear-cut. Which makes sense, because oversimplifying it will lead to silly-sounding conclusions and an almost entirely incorrect understanding of how this works.
For those who don’t want to read the actual full explanation (which is a totally normal position, as the explanation is going fairly into the weeds), I will just a put a TLDR summary at the end. I suggest everyone to check out that summary first, and then come back here if there is interest in a more detailed explanation.
----------------------------
First, we gotta settle on 3 key concepts (among many) the US copyright law relies on.
1. Human authorship - self-explanatory; you cannot assign authorship to a fish or your smartphone.
2. Original/minimal creativity - some creative choices, not just "I pressed the button."
3. Fixation - the content needs to be recorded on a tangible medium; you cannot copyright a "mood" or a thought, since those aren’t tangible media.
Now onto your hypothetical scenarios:
1) "Initialize an algorithm to point your camera at the street and write those bytes to disk and you are the author of a perpetual stream of data."
Writing bytes to disk satisfies fixation, but it doesn’t automatically make you the author of a copyrightable work. You gotta satisfy the minimum creativity requirement too (e.g., camera positioning, setup, any other creative choices/actions, etc.). Otherwise you are just running a fully automated security cam feed with zero human input, and those videos aren’t easily copyrightable (if at all). You might own copyright in a video work if there’s sufficient human creative authorship - but mere automated recording doesn’t guarantee that.
2) "Initialize an algorithm to point your camera at the street and describe those bytes in words and you are no longer the author a perpetual stream of data."
This is just close to being plainly incorrect. If you (a human) write a textual description, that text is typically copyrightable as a literary work (assuming it’s not purely mechanical like "frame 1: car, frame 2: another car, etc." with no expressive choices). Creating a description doesn’t erase any copyright you may or may not have had in the underlying recording. They’re just different works (audiovisual work vs. text work).
Important to note: neither makes you the author or owner of the underlying "data" of reality, because copyright protects expression, not the underlying facts.
----------------------------
TLDR:
* Recording the street can produce a copyrightable work if there is human authorship and minimal creativity in how the recording is made. Pure automated capture may fail that.
* Describing the street in words is usually a separate, independently copyrightable work (e.g., a text or audio version of those words), but it doesn’t change the status of the underlying recording.