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Add notes about legal context
Signed-off-by: David A. Wheeler <[email protected]>
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openai/context.md

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# Context
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This directory includes files generated by a computer. We are doing our best to ensure that our use of these files is legal, regardless of their copyright status.
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It’s possible that these files are not copyrighted, at least in some jurisdictions. On 21 August 2014 the United States Copyright Office published an opinion, later included in the third edition of the office's Compendium of U.S. Copyright Office Practices, released on 22 December 2014, to clarify that "only works created by a human can be copyrighted under United States law, which excludes photographs and artwork created by animals or by machines without human intervention". This was in part a response to the “Monkey selfie copyright dispute” (especially NARUTO v. Slater). If there is no copyright, then we can routinely copy it.
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However, perhaps they are copyrighted. OpenAI, in an email to us, asserts that “OpenAI owns images created by DALL·E.“ If OpenAI does have a copyright (at least in some jurisdictions), then we must obtain permission from the copyright holder. Thankfully OpenAI has expressly given us the right to use them for these purposes.
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Thus, we believe that we can legally use these images no matter how courts rule on the matter of whether or not these are subject to copyright.

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