this post was submitted on 20 Oct 2023
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submitted 11 months ago by [email protected] to c/[email protected]
 
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[–] [email protected] 12 points 11 months ago (1 children)

Then don't post your art or face publicly, I agree with you if it's obtained through malicious ways, but if you post it publicly than expect it to be used publicly

[–] [email protected] 15 points 11 months ago* (last edited 11 months ago) (1 children)

If you post your art publicly why should it be legal for Amazon to take it and sell it? You are deluding yourself if you believe AI having a get out of jail free card on IP infringement won't be just one more source of exploitation for corporations.

[–] [email protected] 12 points 11 months ago* (last edited 11 months ago) (2 children)

Taking it and selling it is obviously not legal, but taking it and using it for training data is a whole different thing.

Once a model has been trained the original data isn't used for shit, the output the model generates isn't your artwork anymore it isn't really anybody's.

Sure, with some careful prompts you can get the model to output something in your style fairly closely, but the outputting image isn't yours. It's whatever the model conjured up based on the prompt in your style. The resulting image is still original of the model

It's akin to someone downloading your art, tracing it over and over again till they learn the style and then going off to draw non-traced original art just in your style

[–] [email protected] 13 points 11 months ago (2 children)

"You don't understand, it's not infringement because we put it in a blender first" is why AI "art" keeps taking Ls in court.

[–] [email protected] 2 points 11 months ago* (last edited 11 months ago) (1 children)

Care to point to those Ls in court? Because as far as I'm aware they are mostly still ongoing and no legal consensus has been established.

It's also a bit disingenuous to boil his argument down to what you did, as that's obviously not what he said. You would most likely agree that a human would produce transformative works even when basing most of their knowledge on that of another (such as tracing).

Ideas are not copyrightable, and neither are styles. You could use that understanding of another's work to create forgeries of their work, but hence why there exist protections against forgeries. But just making something in the style of another does not constitute infringement.

EDIT:

This was pretty much the only update on a currently running lawsuit I could find: https://www.reuters.com/legal/litigation/us-judge-finds-flaws-artists-lawsuit-against-ai-companies-2023-07-19/

"U.S. District Judge William Orrick said during a hearing in San Francisco on Wednesday that he was inclined to dismiss most of a lawsuit brought by a group of artists against generative artificial intelligence companies, though he would allow them to file a new complaint."

"The judge also said the artists were unlikely to succeed on their claim that images generated by the systems based on text prompts using their names violated their copyrights.

"I don't think the claim regarding output images is plausible at the moment, because there's no substantial similarity" between images created by the artists and the AI systems, Orrick said."

Hard to call that an L, so I'm eagerly awaiting them.

[–] [email protected] 2 points 11 months ago (1 children)

Biggest L: that shit ain’t copyrightable. A doodle I fart out on a sticky pad has more legal protection.

[–] [email protected] 2 points 11 months ago

That's true, but the reason behind that is reasonable. There has been no human intervention, and so like photos taken by animals, they hold no copyright. But that's not what you should be doing anyways, a tool must be used as part of a process, not as *the process*.

[–] [email protected] 2 points 11 months ago

A court saying "nobody owns this" is closer to the blender argument than the ripoff argument.

[–] [email protected] 4 points 11 months ago

Go fuck yourself AI bitch :3