You are allowed to use copyrighted content for training. I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.
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.
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.
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.
You are allowed to use copyrighted content for training. I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.
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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.
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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.
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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.
I agree.