this post was submitted on 12 Nov 2025
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Fuck AI
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So, legally, since AI output is public domain, Pepsi (or someone else) could theoretically take this trailer and replace all the Coke logos with Pepsi, and then republish it as theirs, couldn't they?
They could but why would they want to use such a shitty ad to sell their product?
Because it would be very funny.
For the attention? They could call it an ad campaign.
Honestly, while Pepsi isn't a great company either, if they made an ad pointing out how much "their competitor" spent in water, electricity, etc. on making an ad using AI, and then included that "since AI-generated content can't be copyrighted, we stole it and paid an intern 1 million dollars to replace the logo with our own" and then just play the ad with the trucks drawn over like in a school notebook to be blue pepsi trucks with the pepsi logo.
I think if a big company went all in on being a world-class AI hater, they'd do really well. It's kinda a huge untapped market as consumer sentiment against AI grows because it's being pushed so hard.
Pepsi absolutely would have done that in the '90s. They were hardcore into hater ads back then.
They can probably reuse the individual clips, but not this exact edit. The edit was still done by a human. AI can't produce an entire coherent sequence of different clips. Generative AI basically can't produce clips longer than 10 seconds without going wonky, it can't even transition to a different camera angle in the same clip. Also the audio and music in this ad is copyrighted.
I am not sure if a work derived from output still would be. Otherwise a lot of games will have to get surprise public domained.
IANAL, but from my understanding, anything output from an AI is public domain, although specifically and only the parts that were AI generated.
For example, there was a comic released a little while ago using AI images. The text, and layout could be copyrighted but not the images. From my understanding, this means in games, you can rip imdividual textures and resources, and reuse them, but not the full game. I think that would also make basically the entire coke commercial public domain (so long as the trademark is obscured), since the whole thing is AI generated.
The Coke ad is still edited by a human though. So you probably can't use the same shot for shot sequence. Like if you created a movie by editing clips together from public domain movies you created a derivative work and that work is copyrightable. Even if you don't own the copyright on the individual clips you own the copyright on the new creative expression. So people can't just copy your exact edit. Like the idea is not copyrightable but the execution of that idea is.
Editing is very weak copyright. They would be unlikely to win a case on that alone.