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this post was submitted on 28 Nov 2023
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Then the site is wrong to tell you that you can use the images in any way you want.
Or you are wrong for assuming you can intentionally violate copyright and trademark by using the AI tool to generate Micky mouse and then get all offended that "but the site told me I can use the pictures, it's their fault".
Nobody knows yet. For the most part it hasn't happened. Big services like DallE will assume all legal liability for you. Small services? It's on you to make sure the image is clean.
You seem to have forgotten a small detail here.
This is already how it works. Every character has thousands and thousands of fan works, often supported by artists with donations and patreons. The status quo is that none of them get caught and sued until they get big enough, and that anyone who tries to sue these people are assholes abusing copyright law even they're legally correct.
Straw man?
Reading comprehension. This is an argument-by-comparion. It shows how your point is absurd and doesn't work by comparing it against a magical machine that doesn't yet exist. It shows how your idea of how copyright should work here is regressive, harmful, and dangerous by pointing out that you seem to believe that just because something could violate copyright that it should be prevented from existing, being used, or being sold.
You don't own a copyright on a pattern or a brushstroke. You own copyright on works of art.
Are you suggesting it will be impossible to do this? Because this will be quickly proven wrong and there will be a day and a description specific enough to produce Micky mouse from a machine that's never seen it.
The mere fact that it will happen one day is enough. I don't have to literally go invent it today.
It's already being done ethically.
That's what I'm saying.
Why is it intentional? Some characters come up even in very generic prompts. I've been toying around with it and I'm finding it hard to come up with prompts containing "superhero" that don't include superman in the outputs. Even asking explicitly for original characters doesn't work.
And how do you measure that? You have a way for me to check if my prompt for "Queer guy standing on top of a mountain gazing solemnly into the distance" is strikingly similar to some unknown person's deviantart uploads, just like my prompt containing "original superhero" was to superman?
Irrelevant to the discussion. We're talking about copyright law here, ie about what rights a creator has on their original work, not whether they decide to exercise them in regards to fan art.
Right, so now that multi-billion dollar companies are taking in the work of everyone under the sun to build services threatening to replace many jobs, are they "big enough" for you? Am I allowed to discuss it now?
It's not an argument by comparison (or it is a terrible one) because you compared it to something that differs (or you avoided mentioning) all the crucial parts of the issue. The discussion around AI exists specifically because of how the data to train them is sourced, because of the specific mechanisms they implement to produce their output, and because of demonstrated cases of producing output that is very clearly a copy of copyrighted work. By leaving the crucial aspects unspecified, your are trying to paint my argument as being that we should ban every device of any nature that could produce output that might under any circumstances happen to infringe on someone's copyright, which is much easier for you to argue against without having to touch on any of the real talking points. This is why this is a strawman argument.
Wrong. In the context of training AI, I'm taking about any observable pattern in the input data, which does include some forms of patterns that are copyright-able, eg the general likeness of a character rather than a specific drawing of them.
My ideas on copyright are very progressive actually. But we're not discussing my ideas, we're discussing existing copyright law and whether the "transformation" argument used by AI companies is bullshit. We're discussing if it's giving them a huge and unearned break from the copyright system that abuses the rest of us for their benefit.
Right, but then you would have to very strictly define Micky Mouse in your prompt. You would be the one providing this information, instead of it being part of the model. That would clearly not be an infringement on the model's part!
But then you would have to also solve the copyright infringement of Superman, Obi-Wan, Pikachu, some random person's deviantart image depicting "Queer guy standing on top of a mountain gazing solemnly into the distance", ... . In the end, the only model that can claim without reasonable objection to have no tendency to illegally copy other peoples' works is a model that is trained only on data with explicit permission.