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You are making a category error --

"this image made by OpenAI" is a drm assertion

You wont be able to assert copyright of the picture that you added an OpenAI red bowtie to, thats a DRM issue.



Is OpenAI claiming IP rights over said image?

If yes => DRM

If no => not DRM


Yes exactly.

They make a constructive IP assertion with the watermark claim of origin that persists across mutation. (ie the "artist" signs their work)

They then quitclaim the IP assertion via TOS.

These are not equivalent rights and reversions though and now you have an IP encumbered and weird legal state because of the DRM.




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