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We Asked A.I. to Create the Joker. It Generated a Copyrighted Image.
(www.nytimes.com)
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this post was submitted on 26 Jan 2024
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Hows it a red herring to point out we are allowed to use copyrighted materials already? Its not the concern here, yet its what they are using as the concern for their arguments against it.
Because copyright law is clear in that computers can't own a copyright.
The humans at play are:
The artist who created the original work.
The computer IT team who are copying the data behind the scenes between servers.
You who uses Midjourney to recreate "Joker" movie artwork, likely using the data in #2 which falls under copyright infringement.
It doesn't matter how #2 works. It doesn't matter if its H.265 or MPEG2 or from VHS tapes, or if its a Neural Network using the latest-and-greatest training weights from a GPU-based datasystem. Its just a computer. The ones doing the copyright infringement are the people copying data from place to place.
The AI model is not a copy of the set of data used to train it, it's a derivative work. As such copyright as it currently stands does not apply. It's possible, likely even, that copyright will be modified in some way soon to account for this, but the situation today says nope, not copyright infringement.
They're really trying so hard cuz they absolutely want this to be infringement but it simply isnt on any legal level.