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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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It's on the person using any AI tools to verify that they aren't infringing on anything if they try to market/sell something generated by these tools.
That goes for using ChatGPT just as much as it goes for Midjourney/Dall-E 3, tools that create music, etc.
And you're absolutely right, this is going to be a problem more and more for anyone using AI Tools and I'm curious to see how that will factor in to future lawsuits.
I could see some new factor for fair use being raised in court, or else taking this into account under one of the pre-existing factors.