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this post was submitted on 30 Jul 2023
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Technology
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If an image is represented as a network of weighted values describing subtle patterns in the image rather than a traditional grid of pixel color values, is that copy of the image still subject to copyright law?
How much would you have to change before it isn’t? Or if you merged it with another representation, would that change your rights to that image?
It doesn't matter how you recreate an image, if you recreate someone else's work that is a violation of copyright.
Stealing someone's style is a different matter.
Only if the work is copyrighted, and your copy does not constitute fair use...
I could create a faithful reproduction of the Mona Lisa (or... I mean, someone could, I sure couldn't), and it's not violating copyright, because the Mona Lisa is not copyrighted.
You could, but Stable Diffusion couldn't. All it can do is output what it's been fed. It doesn't know composition, or colour theory. It doesn't understand that something is a human, or a fabric, or how materials work, it just reproduces variations of what it's been fed. Calling it "intelligence" is disingenuous: it doesn't "know" anything, it just reproduces what's built into it's database, usually without the artist's permission.