This might be a dumb question... I decide to try my hand at art. So, I take courses at the local college, where I'm exposed to copyrighted art. Anything I produce will, in some small way, be based on the totality of my life experience, including any copyrighted material I've encountered along the way? How is training an AI any different than "training" a human? In the human case, isn't any court case really based on…
Judge Dismisses Copyright Claims Against AI Image Generators
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Re: Judge Dismisses Copyright Claims Against AI Image Generators
#32This might be a dumb question... I decide to try my hand at art. So, I take courses at the local college, where I'm exposed to copyrighted art. Anything I produce will, in some small way, be based on the totality of my life experience, including any copyrighted material I've encountered along the way? How is training an AI any different than "training" a human? In the human case, isn't any court case really based on…
As a society, we agree that you, a human, copying art you’ve seen is original (or at least derivative enough that it warrants a new copyright).
We agree that a photocopy machine, or rather a human operating one, is copying art in a way that is not creative enough to warrant a copyright — so the human goes to jail.
As a society, we have not agreed upon how transformative a “work” from a generative AI has to be to count as original, or even if it can. A recent decision claimed that no machine work without human effort would count — ignoring the effort to find good prompts, pick an image and edit it further. An AI is different because no much was “trained” to make art before AIs: some animals were (elephants famously), and who owns their work is tricky — there’s a case of a photo, a selfie actually, taken by a macaque that is really interesting in that regard.
https://en.wikipedia.org/wiki/Monkey_selfie_copyright_disput...
My recommendation would be to have a similar system to what we have for music (and I think plays) where there are two or three “authors”: the person who wrote the score, optionally the person who wrote the lyrics, and the interpret: the singer. It gets really fun when you have orchestras, animals involved in making music, or sound-sampling like in RnB.
We could have original human authors and AI adaptors, each paid based on use. If I like your work, I could commission OpenAI to make “a portrait in the style of alistairSH” based on your DeviantArt work, but of my mother (whom you’ve never met), using photos that I’ve uploaded of her. I can pay OpenAI, who would pay you. Style vs. theme could be separated with current AI technology, although that could get just as complicated as every intellectual property process very fast.
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#33>> He wrote that the sheer size of the LAION database may protect the company because it is “simply not plausible that every training image used to train Stable Diffusion was copyrighted (as opposed to copyrightable) or that all DeviantArt users’ output images rely upon (theoretically) copyright training images.” This is where I think the judge misspoke. "Copyrighted" does not mean registered . Copyrights attach at c…
Every day, I commit a huge number of non-criminal actions. So as long as I have some non-crimes, and I guess it doesn’t even need to be the majority under this standard, I’m fine to commit a bunch of crimes?
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#34Bits are not a bug.
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#35Copyright is new age nonsense that denies the chain of influence and inspiration that exists between all people. If you can create something sell it. If it can be easily recreated (or stored digitally) then it isn't yours. Bits are not a bug.
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#36This might be a dumb question... I decide to try my hand at art. So, I take courses at the local college, where I'm exposed to copyrighted art. Anything I produce will, in some small way, be based on the totality of my life experience, including any copyrighted material I've encountered along the way? How is training an AI any different than "training" a human? In the human case, isn't any court case really based on…
It's not a dumb question at all, that is one of the most central questions in this whole debate. I think there's a reasonable argument that humans add their own "stamp" on every artistic output (that isn't a direct 1:1 copy) which would make it a unique work even if closely inspired by another artist. A machine would not add its own "stamp," it's purely a mechanical derivation of others' works. I don't know where I f…
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#37This might be a dumb question... I decide to try my hand at art. So, I take courses at the local college, where I'm exposed to copyrighted art. Anything I produce will, in some small way, be based on the totality of my life experience, including any copyrighted material I've encountered along the way? How is training an AI any different than "training" a human? In the human case, isn't any court case really based on…
It just seems obvious to me that "human made thing to transform some set of things into a composite+transformation of those things" is fair use if fair use is to make any sense at all. Since analogously, like you said, in the same way you are taking your experience including experience of copyrighted stuff as a set of things you are drawing upon producing something of your own. All art is derivative.
It makes zero sense to me at all that it's suddenly a problem that art is derived if, instead of artist directly painting something, artist sets up some device that paints something. In both cases "human takes inputs and produces something unique" (not a copy, not a scanner, in case that was not clear from context).
Unless I'm missing something too, but based on what I see so far I just feel like I'm from mars and don't belong here.
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#38Earlier quoted context omitted.
> Aren’t there visual art in the public domain? Yes, photos taken by people working for the government for example, and anything shared with Wikipedia should have a license for free use (typically CC0) [0] That’s an important, valuable part of all images, but a very small segment overall. The vast majority of images (holiday photos, posts on social media, Deviant Art, etc.) are not in the public domain, even if they…
Most images found on Wikimedia sites actually require attribution to the original author, including for derivative works. So if you wished to include such images in training, you would also need an explainable AI that could tell you exactly what training inputs are influencing its output. (SVM is one machine learning method that can easily do this, but I'm not sure if it's ever been applied to image generation.)
This is a huge leap that would change copyright law dramatically, even for humans.
Youre asserting that copyright doesn’t just protect from reproduction, but from use as an example to learn from.
I think this would break copyright altogether. What musician or artist can say a work is 100% original and does not incorporate any details or concepts from work they’ve seen / listened to / read?
I know people hold that position, but it’s important to be transparent that applying copyright to training/learning (in addition to output) would be an overhaul of copyrigh, not a clear and obvious application of the law as it stands.
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#39This might be a dumb question... I decide to try my hand at art. So, I take courses at the local college, where I'm exposed to copyrighted art. Anything I produce will, in some small way, be based on the totality of my life experience, including any copyrighted material I've encountered along the way? How is training an AI any different than "training" a human? In the human case, isn't any court case really based on…
You are actually the one doing something though. If a line appears on the page, it’s because that’s your intent. For an AI, when a line appears, that is always someone else’s intent. AI can only copy. I mean. Do we really need to go over all the reason why an art scanner that copies art and maybe paints it differently is fundamentally not the same as a human learning to create art?
Re: Judge Dismisses Copyright Claims Against AI Image Generators
#40This might be a dumb question... I decide to try my hand at art. So, I take courses at the local college, where I'm exposed to copyrighted art. Anything I produce will, in some small way, be based on the totality of my life experience, including any copyrighted material I've encountered along the way? How is training an AI any different than "training" a human? In the human case, isn't any court case really based on…
The question is... Is fair use an exclusively human right? For example, we have many rights that do not extend to our possessions. Animals have no protected right to life or liberty. The human rights enjoyed by their owner do not flow to them.
Similarly, just because a human has a right to fair use, do AIs?