Image in question: https://static-assets.artlogic.net/w_1600,h_1600,c_limit,f_a...
Hell of a photo, it almost looks like an oil painting!
Blogger defeats photographer's copyright claim
31–40 of 79 posts
Re: Blogger defeats photographer's copyright claim
#32Lots to comment on but this stood out: > “A lawsuit like this heightens the demand for Generative AI replacements.” Most generative AI corpora were arguably trained on copyrighted material, making the output potentially infringing.
> Most generative AI corpora were arguably trained on copyrighted material, making the output potentially infringing. Training is not neccesarily sufficient for it to be a derrivative work, just like if you learned to draw based on famous drawings doesn't mean every single drawing you ever made is infringing. Obviously there are cases where it could be infringing, its going to depend how close the output is to the or…
Sometimes human writers sit down to write and accidentally end up verbatim reproducing an NYT paywalled article, too, and no one bats an eye, but AI does it and allll of a sudden we’re in court? Poppycock!
Re: Blogger defeats photographer's copyright claim
#33Earlier quoted context omitted.
Well, it ought to be.
I'm okay with that. What troubles me is that there seem to be two sets of rules at play.
“The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.” - Anatole France
"Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect." - Frank Wilhoit
Re: Blogger defeats photographer's copyright claim
#34Image in question: https://static-assets.artlogic.net/w_1600,h_1600,c_limit,f_a...
What uniforms are those?
They sort of look like WWII Nazi uniforms, but they aren't.
Maybe they are made-up?
Re: Blogger defeats photographer's copyright claim
#35Re: Blogger defeats photographer's copyright claim
#36Earlier quoted context omitted.
I'm largely out of this space now but my understanding is that some copyright cases around model training are winding through courts but I haven't seen anything definitive come out. The IP lawyers I know are skeptical but we'll see.
EU AI Act is moving towards genAI output being non-copyrightable and that you'd need to actually prove derivative character from a specific copyrighted work(s) to claim infringement. AFAIK american law is going towards similar setup.
IANAL but, yes, with US/UK (i.e. common law regimes) that's something along my understanding as well. Which I generally agree with even if some/many readers here probably do not. Of course, output being copyrightable and copyright infringement on the inputs are two different things.
Re: Blogger defeats photographer's copyright claim
#37Earlier quoted context omitted.
Has this been argued? I'd love to read some actual court decisions.
Here are some cases (mined from Wikipedia sources): Tremblay v. OpenAI, Inc., No. 3:23-cv-03223 (N.D. Cal.) ( https://dockets.justia.com/docket/california/candce/3:2023cv... ) Andersen v. Stability AI Ltd., No. 3:23-cv-00201 (N.D. Cal.) ( https://law.justia.com/cases/federal/district-courts/califor... ) Authors Guild v. OpenAI, Inc., No. 1:23-cv-08292 (S.D.N.Y.) ( https://law.justia.com/cases/federal/district-courts/…
I respect Alsup on tech issues.
But aren't all of these initial decisions? That is, I don't expect that this is decided until there's a Supreme Court decision. There's still two levels of appeal to go before we get there.
Re: Blogger defeats photographer's copyright claim
#38Earlier quoted context omitted.
> By the reasoning here, a company (as in the commercial site here) can use my photos so long as the use is incidental and doesn't earn them too much money -- or at least impact my revenue, which is currently $0. That is how copyright has worked since forever. This isn't something new. Copyright is primarily about protecting your ecconomic rights (and attribution rights. In some countries also the integrity of the wo…
If a company stops publishing a book or piece of software, is it free to share because there's no longer an economic interest?
It would likely weigh in favour of a finding of fair use, but by itself not be sufficient to make wholesale sharing of entire book without some other special circumstances fair use. (not a lawyer, not legal advice)
Re: Blogger defeats photographer's copyright claim
#39Earlier quoted context omitted.
What uniforms are those? They sort of look like WWII Nazi uniforms, but they aren't. Maybe they are made-up?
Looks more Soviet.
It should also be noted that if this was any time after 1943 or even after WWII, young men were in short supply in Soviet states. The young women's eagerness is what makes the photo interesting for modern eyes, but period eyes would understand that her eagerness is a nationwide phenomenon and a symptom of losing almost 10 million young men (10 million in uniform, in addition to the 15 million civilians dead which presumably affected men and women equally).
Re: Blogger defeats photographer's copyright claim
#40Earlier quoted context omitted.
Here are some cases (mined from Wikipedia sources): Tremblay v. OpenAI, Inc., No. 3:23-cv-03223 (N.D. Cal.) ( https://dockets.justia.com/docket/california/candce/3:2023cv... ) Andersen v. Stability AI Ltd., No. 3:23-cv-00201 (N.D. Cal.) ( https://law.justia.com/cases/federal/district-courts/califor... ) Authors Guild v. OpenAI, Inc., No. 1:23-cv-08292 (S.D.N.Y.) ( https://law.justia.com/cases/federal/district-courts/…
I respect Alsup on tech issues. But aren't all of these initial decisions? That is, I don't expect that this is decided until there's a Supreme Court decision. There's still two levels of appeal to go before we get there.
I guess that depends on whether these cases are being appealed or if there is a "circuit split." Which is to say, those are the conditions I'm aware of under which a lower court decision does not constitute a decision decision.
As always, IANAL, but I do listen to their podcasts often (IANALBIDLTTPO)