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.
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.
It’s not selling that image (or any image), any more than a VCR is selling you a taped version of Die Hard you got off cable TV.
It is a tool that can help you infringe copyright, but as it has non-infringing uses, it doesn’t matter.
Then who created this image in your view?
That’s irrelevant, the issue is whether the machine is committing a crime, or the person
Machines aren’t culpable in law.
There is more than one human involved in creating and operating the machine.
The debate is, which humans are culpable?
The programmers, trainers, or prompters?
The prompters. That is easy enough. If I cut butter with a knife it’s okay, if I cut a person with a knife - much less so. Knife makers can’t be held responsible for that, it’s just nonsense.
If you try to bread with an autonomous knife and the knife kills you by stabbing you in the head. Is it solely your fault?
That depends on whether the autonomous knife is designed dangerously and it’s a common occurrence, or whether I was being a moron and essentially rigged it to stab me, akin to asking for copyright material from an AI and getting it (scene from a movie, characters part of intellectual property etc)
So you’re saying if it’s easy to accidentally get copyright images out of this AI by prompting ordinary worlds. Then the AI designers have some questions to answer.
Accidentally? No. By typing in a highly specific prompt that specifies the exact IP? Yes.
If someone copies a picture from a cartoon who created it?
What point do you think youre making? The answer to this question supports their point.
I wasn’t arguing with them lol just wondered their opinion.
It does feel weird to me that if someone draws a copy of something people don’t think they’ve created anything. That somehow the original artist created it.
The person who created the cartoon in the first place.
Try painting a Disney character on the wall of a waiting room.for children.
https://www.theguardian.com/uk-news/2023/jul/07/robert-jenrick-has-cartoon-murals-painted-over-at-childrens-asylum-centre
So the copyer didn’t create anything? Odd way to look at it to me.
The copier didn’t create any Intellectual property. They copied it.
Copy right. The right to copy.
It’s fairly fundamental.
VCR makers do not claim to create original programming.
Why does that matter?
Because they aren’t doing anything to violate copyright themselves. You might, but that’s different. AI art is created by the software. Supposedly it’s original art. This article shows it is not.
It is original art, even the images in question have differences, but it’s ultimately on the user to ensure they do not use copyrighted material commercially, same as with fanart.
If I draw a very close picture to a screenshot of a Mickey Mouse cartoon and try to pass it off as original art because there are a handful of differences, I don’t think most people would buy it.
What relevance does this have to AI?
It has relevance to what counts as an original artwork.
This is what you said:
No it is not. They do not have enough differences to be considered original in any court of law.
???
If I ask for an image of Joaquin Phoenix as The Joker from the movie The Joker, then yes it will not be original.
If I ask for original drawings off original ideas it will be original.
Therefore AI can be used for both.
Therefore the technology itself is not infringing, but only specific uses of it are, same as with a VCR, an HDD and our very brains. This should be obvious, and NYT knows it’s going to lose and that’s why they are now developing their own model. This case is just to stall the industry until old money corpos can catch up to avoid being disrupted out of existence. It has zero legal ground