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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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WB and Disney would lose, at least without an amendment to copyright law. That in fact just happened in one court case. It was ruled that using a copyrighted work to train AI does not violate that works copyright.
Using it to train on is very different from distributing derived works.
What do you think the trained model is other than a derived work?
Something transformative from the original works. And arguably not being being distributed. The model producing and distributing derivative works is entirely different though. No one really gives a shit about data being used to train models - there's nothing infringing about that which is exactly why they won their case. The example in the post is an entirely different situation though.