That’s an interesting viewpoint. What thought or inspiration sparked the user input? Must the user defend their prompts? What is their justification for choosing their words?
The AI software issue is perhaps slightly more straightforward. As I understand it, whatever data that the AI ‘scraped’ from internet websites, or was trained on in its development, may have been copyright material.
There’s always been a bit of a fine line between an artist/composer being ‘influenced’ by music they have heard, inspiring a new composition, and out and out copying and theft of an idea. Presumably, there is a similar situation and argument for AI ‘creativity’. How similar is too similar? The AI must be trained and learn on some sort of material. Real world examples. Is copyrighted material off limits for the AI to learn from, even though the human composer may use it for learning and inspiration?
Some use AI for lyrics content generation, but the musical element is also something AI can do. Melodies, rhythms, and harmonies are all probably studied - both real world examples, and musical theory of those elements.
Unfortunately, we’re in a new Wild West, where the ‘rules’ are up in the air and not well defined. She admits that “it’s a big gray area”, so nothing is settled at all. She points to her entertainment lawyer’s advice, but of course he’s going to advise against anything that could get you sued. She also points out Suno got sued, but doesn’t go beyond that to any conclusion - people get sued all the time in frivolous lawsuits. Being sued doesn’t mean you’ve done anything wrong or will lose a judgement.
One good point she makes is the Terms and Conditions of the AI software. If it prohibits use for commercial projects, then that’s a potential ‘gotcha’ that should be avoided. That legalese could be used by a plaintiff to at least show mal-intent. One clear stipulation amongst the muck.
But the bottom line is as you say: Is someone making money, large sums of money, off of your copyrighted work? If not, there’s really no gain in a lawsuit that may be hard to prove anyway.
A potential test case might be these AI Spotify accounts they found that were AI generated music. Basically ‘fake’ artists. Looks like a real artist, but the whole account was manufactured by AI as was the music. And they had hundreds of thousands of listens, maybe even millions, raking in some substantial income. The sad part is that those listens were by humans (presumably), who had no idea - or didn’t care - that it was not a human artist.
That’s where we’re at.