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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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If it's contributing creatively to your work, yeah, totally.
If you ask Photoshop fill to add an italian plumber and you've been living under a rock for you life so you don't realize it's Mario, when you get sued by Nintendo for copyright infringement it'd be much better policy if it was Adobe on the hook for adding copyrighted material and not the end user.
A better analogy is: if you hired a graphic designer and they gave you copyrighted material, who is liable?
AI is not contributing creatively though, programs do not create.
I am speaking of Photoshop used as a non-AI tool as it has been used to commit copyright infringement for decades before Photoshop fill was a thing. Should it check if your image infringes on copyright?
The graphic designer. If you went ahead and redistributed it you would also be liable. Whatever program he used or it's developer wouldn't be liable.
You and I will have to agree to disagree on that Kool-aid, and it's that disagreement which is core to the model provider being liable for introducing copyright infringement.