this post was submitted on 01 Sep 2023
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It seems pretty obvious to me that the artists should win this assuming their images weren't poorly licenced. Training AI is absolutely a commercial use.
These companies adopted a run fast and don't look back legal strategy and now they're going to enter the 'find out' phase.
This is a pretty old story, the EFF already weighed in on it back in april.
"The Stable Diffusion model makes four gigabytes of observations regarding more than five billion images. That means that its model contains less than one byte of information per image analyzed (a byte is just eight bits—a zero or a one)."
What a great article, it really lays it out well and concisely. I like the above point especially.
Yeah, there's gold wherever you look. I like:
I don't think it's obvious at all. Both legally speaking - there is no consensus around this issue - and ethically speaking because AIs fundamentally function the same way humans do.
We take in input, some of which is bound to be copyrighted work, and we mesh them all together to create new things. This is essentially how art works. Someone's "style" cannot be copyrighted, only specific works.
The government announced an inquiry recently into the copyright questions surrounding AI. They are going to make recommendations to congress about potential legislation, if any, they think would be a good idea. I believe there's a period of public comment until mid October, if anyone wants to write a comment.
I really hope you're wrong.
And I think there's a difference. Humans can draw stuff, build structures, and make tools, in a way that improves upon the previous iteration. Each artists adds something, or combines things in a way that makes for something greater.
AI art, literally cannot do anything, without human training data. It can't take a previous result, be inspired by it, and make it better. There has to be actual human input, it can't train itself on its own data, the way humans do. It absolutely does not "work the same way".
AI art has NEVER made me feel like it's greater than the sum of its parts. Unlike art made by humans, which makes me feel that way all the time.
If a human does art without input, you still get "something".
With an AI, you don't have that. Without the training data, you have nothing.
I think it's a mistake to see the software as an independent entity. It's a tool just like the paintbrush or photoshop. So yes, there isn't any AI art without the human but that's true for every single art form.
The best art is a mix of different techniques and skills. Many digital artists are implementing ai into their workflow and there is definitely depth to what they are making.
I would like to agree with you, but I have doubts this lawsuit will stick because of how prominent corporations are in US law.
There's nothing in copyright law that covers this scenario, so anyone that says it's "absolutely" one way or the other is telling you an opinion, not a fact.
It's like sueing an artist because they learnt to paint based on your paintings. But also not because the company has acquired your art and fed it into an application.
It's a very tricky area.
I'm not so sure that's true, there have been several recent rulings that all reinforce that copyright can only be asserted on the output of actual humans. This even goes back to before the AI stuff, when PETA sued over those monkey selfies. It is quite clear that the output of an AI does not, itself, qualify for copyright protection, because it is not human.
Maybe if a human edits or works with the AI output, the end result might qualify. But then you also have to ask about what went into the AI composition. Here is where it gets less certain. The case of the Monkey Selfie is much clearer: the monkey stole the camera and took its own picture, and that creation was not derived from any other copyrighted work. But these AI are trained on a wide range of copyrighted works, and very few of those works were licensed for that purpose. I doubt that sucking everything into AI will be seen as a fair use of those works. This is different than a search engine, which ultimately steers the user toward the original work. This uses the original work to create something new (and inherently uncopyrightable, since a bot did it), and because of the way AI works it is impossible to credit the original sources.
Congress may have to step in and clarify this, but is probably not interested unless they can use it to harass Hunter Biden.
I recommend reading this article by Kit Walsh, who’s a senior staff attorney at the EFF, a digital rights group, who recently won a historic case: border guards now need a warrant to search your phone.
This is a tough one, because they are not directly making money from the copyrighted material.
Isn't this a bit same as using short samples of somebodys song in your own song or somebody getting inspired from somebodys artwork and creating something similar.
If you're sampling music you aught to be compensating the licence holder unless it's public domain or your work is under a fair use exception.