Earlier quoted context omitted.
Midjourney's TOS > You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service. Perplexity's > Intellectual Property Rights > Perplexity AI acknowledges and respects the intellectual property rights of all individuals and entities, and expects…
Yeah, that's nice and all, but it's not what we're talking about. These passages are about deliberately using the tool to violate copyright. What if, in good faith, I don't deliberately attempt to infringe, but the tool still produces results that do? Because that is happening. And that's just their interpretation of the tool. There is another interpretation that their tool itself is a violation.
You are right, how am I to know that is an image from a movie or passage from the NYT?
Ask George Harrison about "My Sweet Lord" which cost him $587,000 for his unconcious infringement.
Another example would be the 2013 hit "Blurred Lines" by Robin Thicke and Pharrell Williams. It was found to have copied the "feel" and "sound" of Marvin Gaye's 1977 song "Got to Give It Up." The court awarded Gaye's estate $7.4 million in damages, later reduced to $5.3 million.