this post was submitted on 26 Jan 2024
430 points (83.1% liked)

Technology

57418 readers
5500 users here now

This is a most excellent place for technology news and articles.


Our Rules


  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots


founded 1 year ago
MODERATORS
 

We Asked A.I. to Create the Joker. It Generated a Copyrighted Image.::Artists and researchers are exposing copyrighted material hidden within A.I. tools, raising fresh legal questions.

you are viewing a single comment's thread
view the rest of the comments
[–] trackcharlie@lemmynsfw.com 27 points 6 months ago (81 children)

"Generate this copyrighted character"

"Look, it showed us a copyrighted character!"

Does everyone that writes for the NYTimes have a learning disability?

[–] Ross_audio@lemmy.world 37 points 6 months ago (71 children)

The point is to prove that copyrighted material has been used as training data. As a reference.

If a human being gets asked to draw the joker, gets a still from the film, then copies it to the best of their ability. They can't sell that image. Technically speaking they've broken the law already by making a copy. Lots of fan art is illegal, it's just not worth going after (unless you're Disney or Nintendo).

As a subscription service that's what AI is doing. Selling the output.

Held to the same standards as a human artist, this is illegal.

If AI is allowed to copy art under copyright, there's no reason a human shouldn't be allowed to do the same thing.

Proving the reference is all important.

If an AI or human only ever saw public domain artwork and was asked to draw the joker, they might come up with a similar character. But it would be their own creation. There are copyright cases that hinge on proving the reference material. (See Blurred Lines by Robin Thick)

The New York Times is proving that AI is referencing an image under copyright because it comes out precisely the same. There are no significant changes at all.

In fact even if you come up with a character with no references. If it's identical to a pre-existing character the first creator gets to hold copyright on it.

This is undefendable.

Even if that AI is a black box we can't see inside. That black box is definitely breaking the law. There's just a different way of proving it when the black box is a brain and when the black box is an AI.

[–] random_character_a@lemmy.world -3 points 6 months ago (21 children)

Tough question is, can a tool be infringing anything?

Although I'd see a legal case if AI companies were to bill picture by picture, but now they are just billing for a tool subscription.

Still, would Microsoft be liable for my copy-pastes if they charged a penny every time I use it, or am I, if I sell a art piece that uses that infringing image?

AI could be scraping that picture from anywhere.

[–] wewbull@iusearchlinux.fyi 8 points 6 months ago* (last edited 6 months ago)

They are showing that the author of the tool has comitted massive copyright infringement in the process construction of the tool.

...unless they licensed all the copyright works they trained the model on. (Hint: they didn't, and we know they didn't because the copyright holders haven't licensed their work for that purpose. )

It doesn't matter if a company charges or not for anything. It's not a factor in copyright law.

load more comments (20 replies)
load more comments (69 replies)
load more comments (78 replies)