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.

  • Ross_audio@lemmy.world
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    1 year ago

    Nobody can stop you.

    But because our copyright laws are so overreaching you probably are breaching copyright.

    It’s just not worth a company suing you for the financial “damages” they’ve “suffered” because you drew a character instead of buying a copy from them.

    Certain exceptions exist, not least “De Minimus” and education.

    You can argue that you’re learning to draw. Then put that drawing in a drawer and probably fine.

    But’s pretty clear cut in law that putting it even on your own wall is a copyright breach if you could have bought it as a poster.

    The world doesn’t work that way but suddenly AI doing what an individual does thousands of times, means thousands times the potential damage.

    Just as if you loaded up a printing press.

    De Minimus no longer applies and the actual laws will get tested in court.

    Even though this isn’t like a press in that each image can be different, thousands of different images breaking copyright aren’t much different to printing thousands of the same image.

      • Ross_audio@lemmy.world
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        1 year ago

        Unfortunately I have studied this.

        So we’ll just have to decide to agree to disagree and hope neither ends up on the wrong side of the law.

        Like I say. Copyright is based upon damage to the copyright holder. It’s quite obvious when that happens and it’s hard to do enough as an individual to be worth suing.

        But making a single copy without permission, without being covered by any exemptions, is copyright infringement.

        Copy right. The right to copy.

        You don’t have it unless you pay for it.

      • Flying Squid@lemmy.world
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        1 year ago

        Much like @Ross_audio, I have studied this intently for business reasons. They are absolutely right. This is not a transformative work. This is a direct copy of a trademarked and/or copyrighted character for the purpose of generating revenue. That’s simply not legal for the same reason that you can’t draw and sell your own Spider-Man comics about a teenager that gains the proportional strength and abilities of a spider, but you can sell your own Grasshopper-Man comics about a teenager that gains the proportional strength and abilities of a grasshopper. As long as you use your own designs and artwork. Because then it is transformative. And parody. Both are legal. What Midjourney is doing is neither transformative nor parody.