Say that I were to try to sell a piece of art generated by a generative adversarial network (GAN) created by someone else on GitHub which has an MIT License. The MIT License states that this GAN can be used for commercial purposes and no attribution is required. However, it states:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
This mentioned software, but since the thing I am trying to sell is not actually any type of software, but a separate entity produced by the software, is it still necessary to include the license in the art, and if so, how would I go about doing it?


It is very rare that a computer program copies portions of itself into the output it generates and the ones that do are almost invariably used to generate code for another computer program.

As the output of your GAN does not contain code from the GAN itself, let alone a full copy, the condition you quoted for reproducing the MIT license doesn't trigger and you are under no obligation to include the MIT license with your generated artwork.

As a side note, as this artwork is generated by a computer algorithm, its status under copyright law is a bit unclear. Copyright law exists to protect the "original works of authorship, fixed in a tangible medium", where authorship is understood to involve the human intellect. Purely computer generated artwork seems to fall outside that definition and thus might not be copyrightable at all.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.