• Hillock@feddit.de
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            1 year ago

            The comparision doesn’t work. Because the AI is replacing the pencil or other drawing tool. And we aren’t saying pencil companies are selling you Mario pics because you can draw a Mario picture with a pencil either. Just because the process of how the drawing is made differs, doesn’t change the concept behind it.

            An AI tool that advertises Mario pcitures would break copyright/trademark laws and hear from Nintendo quickly.

              • Hillock@feddit.de
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                1 year ago

                I don’t think how you interact with a tool matters. Typing what you want, drawing it yourself, or clicking through options is all the same. There are even other programs that allow you to draw by typing. They are way more difficult but again, I don’t think the difficulty matters.

                There are other tools that allow you to recreate copyrighted material fairly easily. Character creators being on the top of the list. Games like Sims are well known for having tons of Sims that are characters from copyrighted IP. Everyone can recreate Barbie or any Disney Princess in the Sims. Heck, you can even download pre made characters on the official mod site. Yet we aren’t calling out the Sims for selling these characters. Because it doesn’t make sense.

            • drathvedro@lemm.ee
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              I don’t buy the pencil comparison. If I have a painting in my basement that has a distinctive style, but has never been digitized and trained upon, I’d wager you wouldn’t be able to recreate neither that image nor it’s style. What gives? Because AI is not a pencil but more like a data mixer you throw complete works in into and it spews out colllages. Maybe collages of very finely shredded pieces, to the point you could even tell, but pieces of original works nontheless. If you put any non-free works in it, they definitely contaminate the output, and so the act of putting them in in the first place should be a copyright violation in itself. The same as if I were to show you the image in question and you decided to recreate it, I can sue you and I will win.

      • MJBrune@beehaw.org
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        1 year ago

        That’s not it going both ways. You shouldn’t be allowed to use anyone’s IP against the copyright holders wishes. Regardless of size.

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          Nah all information should be freely available to as many people as practically possible. Information is the most important part of being human. All copyright is inherently immoral.

          • MJBrune@beehaw.org
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            1 year ago

            I’d agree with you if people didn’t need to earn money to live. You can’t enact communism by destroying the supporters of it. I fully support communism in theory, we should strive for a community based government. I’m also a game developer and when I make things I need to be able to pay my bills because we still live in capitalism.

            • saigot@lemmy.ca
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              1 year ago

              If copyright was vigorously enforced a lot more people would starve than would be fed

                • saigot@lemmy.ca
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                  1 year ago

                  Go on etsy search mickey mouse and go report all the hundreds of artists whose whole career is violating the copyright of the most litigious company on the planet.

          • MJBrune@beehaw.org
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            1 year ago

            No, it’s about if you make a game that’s worse or off-brand. If you make a bunch of Mario games into horror games and then everyone thinks of horror when they think of Mario then good or bad, you’ve ruined their branding and image. Equally, if you make a bunch of trash and people see Mario as just a trash franchise (like how most people see Sonic games) then it ruins Nintendo’s ability to capitalize on their own work.

            No one is worried about a fan-made Mario game being better.

              • MJBrune@beehaw.org
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                1 year ago

                Actually we do. If your game is so terrible, it can get removed from the Google Play store. It has to be really bad and they rarely do it. Steam does this as well. Epic avoids this by vetting the games they put on their platform site first. It’s why the term asset flip exists.

                  • MJBrune@beehaw.org
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                    1 year ago

                    Sure, that’s fair. Either way bad or good, it’s illegal to take someone’s existing IP and add on to it. Good or bad. No one is legally banning games based on quality and if they were good or bad it doesn’t matter. It matters that the original story owner has a vision and they have the right to make money off of their work without other people trying to take or add on to the story themselves. Brand fatigue is a real thing and while all of the CoD games are great and fairly high quality, the reason they get a bad rap is exactly brand fatigue. The Assassin’s Creed games were the same for a bit but they resolved that by spreading releases out.

                    Either way, the arguments to let people just add on to what they want seems to fall flat. Why not just build a universe like Mario and call it Maryo? Or the great giana sisters? Why involve someone else’s IP at all? because you are profiting off of the popularity that someone else built with quality products. In even a communist society I’d want that banned because it’s lazy, misrepresents the original vision, and overall it’s completely avoidable without a problem. In fact, why not force people to create new things instead of letting them be lazy and stealing the popularity of a well-made IP?

    • Catoblepas@lemmy.blahaj.zone
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      “Artists don’t deserve to profit off their own work” is stupid as shit. Complain about copyright abuse and lobbying a la Disney and I’ll be right there with you, but people shouldn’t have the right to take your work and profit off it without either your consent or paying you for it.

      Artists and other creatives who actually do work to create art (not shitting out text into an image generator) should take every priority over AI “creators.”

      • EndlessApollo@lemmy.world
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        1 year ago

        No you don’t understand, the machine works exactly like a human brain! That makes stealing the work of others completely justifiable and not even really theft!

        /s, bc apparently this community has a bunch of dumbass tech bros that genuinely think this

        • gmtom@lemmy.world
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          1 year ago

          This but mostly unironically. And before you go Inzulting me I’m an artist myself and wouldn’t be where I am if I wasn’t allowed to learn from other people’s art to teach myself.

        • ClamDrinker@lemmy.world
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          1 year ago

          And this, is a strawman. If this argument is being made, it’s most likely because of their own misunderstanding of the subject. They are most likely trying to make the argument that the way biological neural networks and artificial neural networks ‘learn’ is similar. Which is true to a certain extent since one is derived from the other. There’s a legitimate argument to be made that this inherently provides transformation, and it’s exceptionally easy to see that in most unguided prompts.

          I haven’t seen your version of this argument being spoken around here at all. In fact it feels like a personal interpretation of someone who did not understand what someone else was trying to communicate to them. A shame to imply that’s an argument people are regularly making.

      • gmtom@lemmy.world
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        Equating training AI to not being able to profit is stupid as shit and the same bullshit argument big companies use to say “we lost a bazillion dollars to people pursuing out software” someone training their AI on an art work (that is probably under a creative commons licence anyway) does suck money out of an artists pocket they would have otherwise made.

        Artists and other creatives who actually do work to create art (not shitting out text into an image generator) should take every priority over AI “creators.”

        Why are you the one that gets to decide what is “work” to create art? Should digital artists not count because they are computer assisted, don’t require as much skill and technique as “traditional” artists and use tools that are based on the work of others like, say, brush makers?

        And the language you use shows that you’re vindictive and angry.

        • Funkwonker@lemmy.world
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          Should digital artists not count because they are computer assisted, don’t require as much skill and technique as “traditional” artists and use tools that are based on the work of others like, say, brush makers?

          My brother in Christ, they didn’t even allude to this, this is an entirely new thought.

          • gmtom@lemmy.world
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            1 year ago

            Yeah no shit sherlok. I’m applying their flawed logic to other situations, where the conclusion is even more dumb so he can see that the logic doesn’t work.

              • mindbleach@sh.itjust.works
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                1 year ago

                Commissions, patronage, subscriptions, everything else rando digital artists do when any idiot can post a JPG everywhere and DMCA takedowns accomplish roughly dick.

                Meanwhile - you wanna talk about people who’ve been fucked over by corporations that decide their original artwork is too close to something a dead guy made?

                Or look into whether professional artists were having a good time, before all this? Intellectual property laws have funded and then effectively destroyed countless years of effort by artists who aren’t even allowed to talk about it due to NDAs. CGI firms keep losing everything and going under while the movies they worked on make billions. The status quo is not all sunshine and rainbows. Pretending the choice is money versus nothing is deeply dishonest.

                • Catoblepas@lemmy.blahaj.zone
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                  1 year ago

                  “Just internet beg” oh okay. Shows exactly how much you value the people making the art you want to feed into the instant gratification machine.

                  • mindbleach@sh.itjust.works
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                    1 year ago

                    ‘How money?’ Existing lucrative business ventures by quite a lot of artists. ‘So beg!’ Yeah you got me, how intellectually sincere, gold sticker, you can leave.

        • Catoblepas@lemmy.blahaj.zone
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          They said IP, IP protects artists from having their work stolen. The fact AI guzzlers are big mad that IP might apply to them too is irrelevant.

          Digital artists do exactly as much work as traditional artists, comparing it to AI “art” from an AI “artist” is asinine. Do you actually think digital artists just type shit in and a 3D model appears or something?

          And yeah I’m angry when my friends and family who make their living as actual artists, digital and traditional, have their work stolen or used without their permission. They aren’t fucking corporations making up numbers about lost sales, they’re spending weeks trying to get straight up stolen art mass printed on tshirts and mugs removed from online sale. They’re going outside and seeing their art on shit they’ve never sold. Almost none of them own a home or even make enough to not have a regular job, it’s literally taking money out of their pockets to steal their work. This is the shit you’re endorsing by shitting on the idea of IP.

          • AEsheron@lemmy.world
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            Do you actually think artists using AI tools just type shit into the input and output decent art? It’s still just a new, stronger digital tool. Many previous tools have been demonized, claiming they trivialize the work and people who used them were called hacks and lazy. Over time they get normalized.

            And as far as training data being considered stealing IP, I don’t buy it. I don’t think anyone who’s actually looked into what the training process is and understands it properly would either. For IP concerns, the output should be the only meaningful measure. It’s just as shitty to copy art manually as it is to copy it with AI. Just because an AI used an art piece in training doesn’t mean it infringed until someone tries to use it to copy it. Which, agreed, is a super shitty thing to do. But again, it’s a tool, how it’s used is more important than how it’s made.

            • Catoblepas@lemmy.blahaj.zone
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              Lmao, I’ve used AI image generation, you’re not going to be able to convince me any skill was involved in what I made. The fact some people type a lot more and keep throwing shit at the wall to see what sticks doesn’t make it art or anything they’ve done with their own skill. The fact none of them can control what they’re making every time the sauce updates is proof of that.

              If it’s so obviously not IP violating to train with it then I’m sure it’ll be totally fine if they train them without using artists’ work without permission, since it totally wasn’t relying on those IP violating images. Yet for some reason they fight this tooth and nail. 🤔

              • ClamDrinker@lemmy.world
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                Except they totally could. But a data source of such size of material where everyone opted in to use for AI explicitly does not exist. The reason they fight it is in part also because training such models isn’t exactly free. The hardware that it’s done on costs hundreds of thousands of dollars and must run for long periods. You would not just do that for the funsies unless you have to. And considering the data by all means seems to be collected in legal ways, they have cause to fight such cases.

                It’s a bit weird to use that as an argument to begin with since a party that knows they are at fault usually settles rather than fight on and incur more costs. It’s almost as if they don’t agree with your assertion that they needed permission, and that those imagines were IP violating 🤔

          • ClamDrinker@lemmy.world
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            First of all, your second point is very sad to hear, but also a non-factor. You are aware people stole artwork before the advent of AI right? This has always been a problem with capitalism. It’s very hard to get accountability unless you are some big shot with easy access to a lawyer at your disposal. It’s always been shafting artists and those who do a lot of hard work.

            I agree that artists deserve better and should gain more protections, but the unfortunate truth is that the wrong kind of response to AI could shaft them even more. Lets say inspiration could in some cases be ruled to be copyright infringement if the source of the inspiration could be reasonably traced back to another work. This could allow companies big companies like Disney an easier pathway to sue people for copyright infringement, after all your mind is forever tainted in their IP after you’ve watched a single Disney movie. Banning open source models from existing could also create a situation where the same big companies could create internal AI models from the art in their possession, but anyone with not enough materials could not. Which would mean that everyone but the people already taking advantage of artists will benefit from the existence of the technology.

            I get that you want to speak up for your friends and family, and perhaps they do different work than I imagine, but do you actually talk to them about what they do in their work? Because digital artist also use non-AI algorithms to generate meshes and images. (And yes, that could be summed down to ‘type shit in and a 3D model appears’) They also use building blocks, prefabs, and use reference assets to create new unique assets. And like all artists they do take (sometimes direct) inspiration from the ideas of others, as does the rest of humanity. Some of the digital artists I know have embraced the technology and combined it with the rest of their skills to create new works more efficiently and reduce their workload. Either by being able to produce more, or being able to spend more time refining works. It’s just a tool that has made their life easier.

            • Catoblepas@lemmy.blahaj.zone
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              All of that is completely irrelevant to the fact that image generators ARE NOT PEOPLE and the way that people are inspired by other works has absolutely fuck all to do with how these algorithms generate images. Ideas aren’t copyrightable but these algorithms don’t use ideas because they don’t think, they use images that they very often do not have a legal right to use. The idea that they are equivalent is a self serving lie from the people who want to drive up hype about this and sell you a subscription.

              I watch my husband work every day as a professional artist and I can tell you he doesn’t use AI, nor do any of the artists I know; they universally hate it because they can tell exactly how and why the shit it makes is hideous. They spot generated images I can’t because they’re used to seeing how this stuff is made. The only thing remotely close to an algorithm that they use are tools like stroke smoothing, which itself is so far from image generation it would be an outright lie to equate them.

              Companies aren’t using this technology to ease artist workloads, they’re using it to replace them. There’s a reason Hollywood fought the strike as hard as they did.

              • ClamDrinker@lemmy.world
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                The fact they are not people does not mean they can’t use the same legal justifications that humans use. The law can’t think ahead. The justification is rather simple, the output is transformative. Humans are allowed to be inspired by other works because the ideas that make up such a concept can’t be copyrighted because they can be applied to be transformative. If the human uses that idea to produce something that’s not transformative, it’s also infringement. AI currently falls into that same reasoning.

                You call it a self serving lie, but I could easily say that about your arguments as well that you only have this opinion because you don’t like AI (it seems). That’s not constructive, and since I hope you care about artists as well, I implore you actually engage in good faith debate other than just assuming the other person must be lying because they don’t share your opinion. You are also forgetting that the people that benefit from image generators are people. They are artists too. Most from before AI was a thing, and some because it became a thing.

                Again, sorry to hear your husband feels that way. I feel he is doing himself a disservice to dismiss a new technology, as history has not been kind to those who oppose inevitable change, especially when there are no good non-emotional reasons against this new technology. Most companies have never cared about artists, that fact was true without AI, and that fact will remain true whatever happens. But if they replace their artists with AI they are fools, because the technology isn’t that great on it’s own (currently). You need human intervention to use AI to make high quality output, it’s a tool, not the entire process.

                The Hollywood strikes is a good example of what artists should be doing rather than making certain false claims online. Join a union, get protection for your craft. Just because something is legal doesn’t mean you can’t fight for your right to demand specific protections from your employer. But they do not affect laws, they are organizational. It has no ramifications on people not part of the guilds involved. If a company which while protecting their artists, allows them to use AI to accelerate their workflow, and comes out on top against the company that despite their best intentions, made their art department not as profitable anymore, that will also cause them to lose their jobs. Since AI is very likely not to go away completely even in the most optimistic of scenarios, it’s eventually a worse situation than before.

                And lastly, I guess your husband does different work than the digital artists I work with then. You have a ton of generation tools for meshes and textures. I also never equated it directly to AI, but you stated that they use no tools which do all the work for them (such as building a mesh for them), which is false. You wouldn’t use the direct output of AI as well. I implore you to look at “algorithmic art”: https://en.wikipedia.org/wiki/Algorithmic_art

          • mindbleach@sh.itjust.works
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            1 year ago

            “Artists don’t deserve to profit off their own work” is not what anyone said.

            Even if people can just take your shit and profit off it - so can you.

            This is not a complete rebuttal, but if you need the core fallacy spelled out, let’s go slowly.

                • Catoblepas@lemmy.blahaj.zone
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                  Even if people can just take your shit and profit off it - so can you.

                  What entitles someone to take another person’s work and profit off it?

                  • mindbleach@sh.itjust.works
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                    1 year ago

                    No.

                    The subject is intellectual property, in general.

                    Why am I not entitled to share culture?

                    Why am I not entitled to create, if similarity exists?

                    Why does someone get to own an idea, just because they wrote it down first?

                • Femsoup [She/Her]@lemmy.blahaj.zone
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                  Isn’t this a completely different conversation than the one we were having and kind of missing the point? Yes, imo you should be allowed to do that. Still, AI Companies are using the labor of millions of artist for free to train their AIs, which are then threatening to eliminate ways of these artist to gather income.

                  How is that related in any way to the ways that copyright has been exploited against fanmade art?

                  • ArmokGoB@lemmy.dbzer0.com
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                    Even if text to image generators are able to improve to be better than human artists, people won’t stop making art just because a computer can do it faster.

    • RachelRodent@lemmy.dbzer0.com
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      No. Fuck that. I don’t consent to my art or face being used to train AI. This is not about intellectual property, I feel my privacy violated and my efforts shat on.

      • stewsters@lemmy.world
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        Unless you have been locked in a sensory deprivation tank for your whole life, and have independently developed the English language, you too have learned from other people’s content.

        • RachelRodent@lemmy.dbzer0.com
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          Well my knowledge can’t be used as a tool of surveillance by the government and the corporations and I have my own feelings intent and everything in between. AI is artifical inteligence, Ai is not an artificial person. AI doesn’t have thoughts, feelings or ideals. AI is a tool, an empty shell that is used to justify stealing data and survelience.

          • Stovetop@lemmy.world
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            This very comment is a resource that government and corporations can use for surveillance and training.

            • Hexarei@programming.dev
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              We may not know what comprises A thought, but I think we know it’s not matrix math. Which is basically all an LLM is

              • MikuNPC@lemm.ee
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                Hard disagree, the neural connections in the brain can be modeled with matrix math as well. Sure some people will be uncomfortable with that notion, especially if they believe in spiritual stuff outside physical reality. But if you’re the type that thinks consciousness is an emergent phenomenon from our underlying biology then matrix math is a reasonable approach to representing states of our mind and what we call thoughts.

        • oatscoop@midwest.social
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          Yet we live in a world where people will profit from the work and creativity of others without paying any of it back to the creator. Creating something is work, and we don’t live in a post-scarcity communist utopia. The issue is the “little guy” always getting fucked over in a system that’s pay-to-play.

          Donating effort to the greater good of society is commendable, but people also deserve to be compensated for their work. Devaluing the labor of small creators is scummy.

          • ArmokGoB@lemmy.dbzer0.com
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            I’m working on a tabletop setting inspired by the media I consumed. If I choose to sell it, I’ll be damned if I’m going to pay royalties to the publishers of every piece of media that inspired me.

            • Catoblepas@lemmy.blahaj.zone
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              If you were a robot that never needed to eat or sleep and could generate 10,000 tabletop RPGs an hour with little to no creative input then I might be worried about whether or not those media creators were compensated.

                • Catoblepas@lemmy.blahaj.zone
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                  It absolutely should, especially when the “creator” is not a person. AI is not “inspired” by training data, and any comparisons to human artists being inspired by things they are exposed to are made out of ignorance of both the artistic process and how AI generates images and text.

                  • ArmokGoB@lemmy.dbzer0.com
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                    It’s impossible to make any comparison between how AI and how humans make decisions without understanding the nature of consciousness. Simply understanding how AI works isn’t enough.

              • ClamDrinker@lemmy.world
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                Those 10000 tabletop RPGs will almost certainly be completely worthless on their own, but might contain some novel ideas. Until a human comes by and scours it for ideas and combines it. It could very well be that in the same time it could only create 1 coherent tabletop RPG idea.

                Should be mentioned though, AIs don’t run for free either, they cost quite a lot of electricity and require expensive hardware.

              • mindbleach@sh.itjust.works
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                When, not if, such a robot exists, do you imagine we’ll pay everyone who’d ever published a roleplaying game? Like a basic income exclusively for people who did art before The Training?

                Or should the people who want things that couldn’t exist without magic content engines be denied, to protect some prior business model? Bear in mind this is the literal Luddite position. Weavers smashed looms. Centuries later, how much fabric in your life do you take for granted, thanks to that machinery?

                ‘We have to stop this labor-saving technology because of capitalism’ is a boneheaded way to deal with any conflict between labor-saving technology… and capitalism.

                • Catoblepas@lemmy.blahaj.zone
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                  I know this is shocking to people who have never picked up a brush or written anything other than internet arguments after the state stopped mandating they do so when they graduated high school, but you can just create shit without AI. Literal children can do it.

                  And there is no such thing as something that “couldn’t exist” without the content stealing algorithm. There is nothing it can create that humans can’t, but humans can create things it can’t.

                  There’s also something hilarious about the idea that the real drag on the artistic process was the creating art part. God almighty, I’d rather be a Luddite than a Philistine.

                  • mindbleach@sh.itjust.works
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                    Fuck off.

                    If that sounds needlessly blunt, no, it’s far kinder than your vile opening insult, which you can’t even keep straight - immediately noting that everyone, even children, has done an art at some point.

                    So maybe this discussion of wild new technology versus 17th-century law and the grindstone of capitalism isn’t about individual moral failings of people who disagree with you.

      • cm0002@lemmy.world
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        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

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          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.

          • cm0002@lemmy.world
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            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

            • Catoblepas@lemmy.blahaj.zone
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              1 year ago

              “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.

              • ClamDrinker@lemmy.world
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                1 year ago

                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.

                  • ClamDrinker@lemmy.world
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                    1 year 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*.

    • TotallynotJessica@lemmy.world
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      1 year ago

      If the large corporations can use IP to crush artists, artists might as well try to milk every cent they can from their labor. I dislike IP laws as well, and you can never use the masters’ tools to dismantle their house, but you can sure as shit do damage and get money for yourself.

        • TotallynotJessica@lemmy.world
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          1 year ago

          AI algorithms aren’t the masters tools in the sense that anyone can set up a model using free code on cheap tech, but they do require money to improve and produce quality products. The training data requires labor of artists to produce, the computers the model runs on require labor to make, and the electricity that allows the model to continuously improve requires, you guessed it, labor. Labor will always, and should always, be expensive, making AI most useful to those with money to spend.

          IP is only one tool in the masters’ tool box, but capitalism is their box, and the other forms of capital can be used to swing the public’s tools far harder than a wage laborer.