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<blockquote data-quote="Celebrim" data-source="post: 9270957" data-attributes="member: 4937"><p>I'm not sure that matters. In American law there is a notion of fair use and transformative work. If a person examines a bunch of art and then produces a recognizably different work inspired by viewing the work of others but which is clearly distinctive from and different from the work that inspired it, that's well such a basic thing that it's inarguably fair use. Could you prove the sentient human artist is using a substantially different approach to understanding what an orange is and how to paint it by viewing images of oranges than an AI is? I don't think it matters in the slightest whether the AI is truly self-aware. The only thing that matters is whether the work it produces is transformative. At best I think you can argue that for certain prompts and certain random iterations the AI has produced an image that isn't sufficiently transformative and is too clearly derivative, but that in itself is no different than adjudicating the work of a human artist. And incidentally, AI is the work of a human artist albeit not one of a conventionally recognized sort. </p><p></p><p>The entire internet rests on the basis of that understanding. Images are copied and transformed inherently to being uploaded to the internet where they will then be copied a million times. Copies will be digitally transferred to others. Companies will create thumbnails of those images which are copies of those images for the purposes of displaying digital content even though they have no license to use those images. So you are telling me that it's a violation of copyright to train an AI on viewing digital images by the billions and then produce an original never before seen image that is based on that collective understanding while storing zero exact copies of any image, but that it's not a copyright violation to make a smaller exact copy of the image? That's clearly a legally unsustainable position. The courts have always rightly been very lenient towards new and original ways to transform intellectual property.</p></blockquote><p></p>
[QUOTE="Celebrim, post: 9270957, member: 4937"] I'm not sure that matters. In American law there is a notion of fair use and transformative work. If a person examines a bunch of art and then produces a recognizably different work inspired by viewing the work of others but which is clearly distinctive from and different from the work that inspired it, that's well such a basic thing that it's inarguably fair use. Could you prove the sentient human artist is using a substantially different approach to understanding what an orange is and how to paint it by viewing images of oranges than an AI is? I don't think it matters in the slightest whether the AI is truly self-aware. The only thing that matters is whether the work it produces is transformative. At best I think you can argue that for certain prompts and certain random iterations the AI has produced an image that isn't sufficiently transformative and is too clearly derivative, but that in itself is no different than adjudicating the work of a human artist. And incidentally, AI is the work of a human artist albeit not one of a conventionally recognized sort. The entire internet rests on the basis of that understanding. Images are copied and transformed inherently to being uploaded to the internet where they will then be copied a million times. Copies will be digitally transferred to others. Companies will create thumbnails of those images which are copies of those images for the purposes of displaying digital content even though they have no license to use those images. So you are telling me that it's a violation of copyright to train an AI on viewing digital images by the billions and then produce an original never before seen image that is based on that collective understanding while storing zero exact copies of any image, but that it's not a copyright violation to make a smaller exact copy of the image? That's clearly a legally unsustainable position. The courts have always rightly been very lenient towards new and original ways to transform intellectual property. [/QUOTE]
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