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Generative AI Has a Visual Plagiarism Problem
(spectrum.ieee.org)
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this post was submitted on 08 Jan 2024
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It is In no way illegal to generate copyrighted material. It is illegal to sell that material. You're more than free to draw or other wise create any pic of bart Simpson you want.
It's called fair use.
Isn't OpenAI selling it though?
You don't have to pay them to use stable diffusion or mid journey or dalle, no.
Only one of those is OpenAI. And DALLE is very much a freemium model
There's a weird line here because I'm pretty sure the restriction is "commercial use" rather than outright selling. So even if they're including these AI products as "value-add" bundles or including them in i.e. Bing, they'd be tied the (ad, etc) revenue of the underlying product. There's also a difference between commercial entities and "personal use".
You might not be selling me a picture of Homer Simpson, but if you're providing it via a tool on a page with ads etc there's still a tie-in to a revenue stream and commercial activity
Correct but if you're just generating the picture it's not illegal at all...which is exactly what this tool does.