Better or Bitter





Can AI design and copy be copyright protected



AI art and copy are forms of creative expression that are generated by artificial intelligence systems. AI art and copy can include text, images, video, audio, and other types of media. However, the legal status of AI art and copy is NOT CLEAR and varies by jurisdiction and the circumstances of the creation.

AI art and copy may face some challenges in obtaining copyright protection for several reasons:

  • AI art and copy are not created by humans, but by machines. In many countries, such as the United States, Canada, and the United Kingdom, only human authors can claim copyright ownership of their works.
  • AI art and copy are not original. The work is derived from existing data from various sources, such as the internet. This may include data that is already copyrighted by others.
  • AI art and copy are not expressive, but mechanical. AI systems do not have creativity, intention, or emotion when they produce content. They simply follow the instructions and rules that are programmed into them. Therefore, some may argue that AI art and copy lack the artistic merit or value that is required for copyright protection.

However, there may be some exceptions or arguments in favor of protecting AI art and copy in certain cases:

  • AI art and copy may be considered as joint works or works made for hire. If a human collaborates with an AI system to create content, or if a human commissions an AI system to create content for them, they may be able to claim some or all of the rights to the content as co-authors or employers.
  • AI art and copy may be considered as transformative works or fair use. If an AI system uses existing data in a way that adds new meaning, purpose, or value to the original work, or if an AI system uses existing data for a limited and non-commercial purpose, such as education or research, they may be able to avoid infringement claims from the original rights holders.
  • AI art and copy may be considered as public domain works or open-source works. If an AI system uses data that is freely available to the public, or if an AI system releases its content under a license that allows anyone to use it for any purpose, they may be able to avoid any legal issues regarding ownership or permission.

In summary, there is no definitive answer to whether AI art and copy can be protected by law, as it may depend on various factors such as the country, the context, and the content. It is advisable to consult a legal expert before using or creating AI art and copy to promote your products or services. 




Attention Brand Builders


My grandfather fought in WW1 from 1914-1918. Life in Germany after WW1 was never the same. My father fought in WW2 from 1939-1945. Life in Germany after WW2 was never the same. He came to Canada in 1954 (rather than the U.S.) because Canada didn’t draft soldiers - so his four sons would not be pulled into the Vietnam War (1955-1975). In high-school I had two teachers who were “draft- dodgers”. Life in America after that war was never the same. So now we have the Global Covid-19 epidemic. Around the Globe epidemiologists, economists and political leaders all have different perspectives. But all agree life will never be the same. 

Instead of lamenting the past, maybe we should prepare to embrace and explore the future because this is a rare, once in a generation chance to REALLY step back and away from the numbers you typically run your business with and develop a multi-dimensional perspective on a new way forward using your whole team to look at things from a broader perspective to identify what (still) makes sense, what needs work, what has to go and what needs to be replaced. 

We all have a choice: defend the status quo, or explore new paths that are better suited to the post-CV-19 era. 

  • How does that affect how you look at the world around you? 
  • What kind of products and services are thriving? Which ones are history? 
  • How do these trends affect you personally and professionally? 
  • How about your current job and your job description? 
  • How about the team dynamics: how and where you work with others. 
  • How about your company culture and brand values? 
  • How about the way you + your Co. can prepare for and embrace the brand-new post CV-19 era? 

You, dear reader, fall into one of these three groups: 

You make things happen, watch what’s happening or wonder what happened. 

Only those in the 1st group - the ones with a bias for action who make things happen, embrace these turbulent times because “where there’s turmoil, there’s also opportunity.”

Enjoy your day + your journey - Frank Wehrmann 

Post Script:

I wrote this article to challenge myself and my readers to act insightfully, rather than react emotionally to the turmoil brought on by Covid – after which the world isn’t the same.

In hindsight I can add another major global game changing event that has changed the way you’ll look back on 2023 and how you’ll navigate 2024 and beyond; ChatGPT(4), as well as all other L.L.M.





About 1,900 km from where I'm posting this blog entry there’s a narrow forest road that meanders through our northern boreal forest. At the very end of this road there's a little village. Look closely and you'll see that this little village has stores, homes, cars, a bank; all of the amenities that you can image the local forest fairies might need on a day-to-day basis. It's wonderful.

Of all of the things that I’ve discovered on my forest walks this year, this is by far the most significant one. 

It shows me that love, kindness, environmental consideration and imagination are not just welcome here, they have a home here. 

This village inspires me to believe that the parents who have helped their children imagine and create this village are raising inquisitive, sensitive and imaginative children who are FAR more likely to grow up to be considerate, responsible, inclusive and visionary leaders. 





Traditional (Social) Media Casualties





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