D&D General Would It Matter To You if D&D Books Were Illustrated by AI Instead of Humans?

Would It Matter To You if D&D Books Were Illustrated by AI Instead of Humans?

  • No

    Votes: 58 29.0%
  • Yes

    Votes: 142 71.0%

Art Waring

halozix.com
I can see a lawyer arguing that
While I agree with that, it has yet to be seen how this would play out in court. Its current status on google is as I posted above, not applicable for copyright, as they are not made by a human (just stating the situation as it is right now).

I'm mainly posting this so new indie publishers don't get confused in all the conversation surrounding the subject. Some platforms have updated their terms of use for AI art, and as an emerging technology I think its important to stay informed as the laws change.

ATM, if you plan on using AI generated art, its best that you know is pros and cons.
 

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While I agree with that, it has yet to be seen how this would play out in court. Its current status on google is as I posted above, not applicable for copyright, as they are not made by a human (just stating the situation as it is right now).
The thing is that if a court rules that AI generated images are in fact copyrightable under current law, then they will always have been under copyright and anyone who has used them thinking they were public domain are in for a world of trouble. So it's a good idea to be cautious regardless of what google says.
 

Art Waring

halozix.com
The thing is that if a court rules that AI generated images are in fact copyrightable under current law, then they will always have been under copyright and anyone who has used them thinking they were public domain are in for a world of trouble. So it's a good idea to be cautious regardless of what google says.
Again, just putting up the current state of the legal situation, so as it develops, we can stay informed.

As it stands, we have no way of knowing if every piece of AI generated art would retroactively become copyrighted given a change in the law. Unless you have a source? That could become quite problematic for folks using AI generated art.
 

MoonSong

Rules-lawyering drama queen but not a munchkin
Again, just putting up the current state of the legal situation, so as it develops, we can stay informed.

As it stands, we have no way of knowing if every piece of AI generated art would retroactively become copyrighted given a change in the law. Unless you have a source? That could become quite problematic for folks using AI generated art.
The direct antecedent I can think of is digital fonts. In principle, they didn't qualify for copyright protection, but some company -I think Adobe?- went to court and proved that different people would trace the font paths in a different way, and that this was a creative process for which humanity was key. I mean I can't see a way for this argument to hold in favor of giving AI art copyright, if anything, it might be the opposite.
 

Art Waring

halozix.com
The direct antecedent I can think of is digital fonts. In principle, they didn't qualify for copyright protection, but some company -I think Adobe?- went to court and proved that different people would trace the font paths in a different way, and that this was a creative process for which humanity was key. I mean I can't see a way for this argument to hold in favor of giving AI art copyright, if anything, it might be the opposite.
That is interesting. Typography is one of my interests so let me do some research...

Here is a short article with some info about the original Adobe lawsuit with another software company. The original 1997 lawsuit was based on the fact that the other company essentially "scraped" their fonts for their own use. Essentially, they settled out of court, and left future cases up to the courts to decide on legality on an individual basis.

Adobe currently allows their fonts to be used for personal or commercial purposes, but they specifically forbid embedding their fonts into other mobile or desktop apps.

I'm not sure how they might proceed with it, but it shows an interesting case for how ai tools could be ruled on in the future. While ai generated art is currently treated as being in the public domain, it is certainly possible that a company might make that change.
 

I think discussing the copyright status requires making some distinctions, because this is multiple versions of multiple technologies.

It is possible that the royalty-free terms of service of some of these AI art services will be upheld, though given how copyright friendly and public domain apathetic the US courts where the matter will most likely be settled are, I'd bet on those images ending up copyright protected.

Meanwhile, I think the people who actually are serious about making art with this technology for a finished product are going to end up running Stable Diffusion (the license to which makes to claims about the outputs) or the comparable things that will supplant it, on local PCs where they can fine-tune the operations of the program, then manipulate iterations and reprocess them. A single final output of the program will almost never be as good as what could be created by manually compositing together several of the slight iterations of the final output, so there will likely be some substantial transformative use at the end compositing images together, even if somehow the underlying AI art was, improbably, ruled non-copyrightable.

And, of course, I think a lot of art will be created by manually heavily modifying the outputs of all these programs, or incorporating outputs into larger compositions.

In other words, AI art is not and will never be a single monolithic thing, it is several technologies, with different license agreements attached, being used in collaboration with various levels of human manipulation. I think it can safely be assumed that people own a copyright in the things that they created with AI on their own computer, under a permissive license, and substantially altered manually, provided it doesn't infringe excessively on someone else's copyright image. Everything else is up in the air, and going to require some court precedent or new laws to iron out.
 

Yaarel

He Mage
Not about the AI art per-se, but about how supercomputers are advancing every aspect of science.

For astrophysics, here is an amazing simulation of the formation of our moon, hypothesized to have formed 4.5 billion years ago when a Mars-sized planet crashed into planet Earth.

 

The direct antecedent I can think of is digital fonts. In principle, they didn't qualify for copyright protection, but some company -I think Adobe?- went to court and proved that different people would trace the font paths in a different way, and that this was a creative process for which humanity was key. I mean I can't see a way for this argument to hold in favor of giving AI art copyright, if anything, it might be the opposite.
There was another case where a monkey took a selfie and the owner of the camera tried to claim copyright (sorry if this was already mentioned). Monkey selfie copyright dispute - Wikipedia

There's a note that only human-made stuff can be copyrighted, so the AI itself can be cr'ed but not the output of said AI. But that's a government agency opinion not a legal precedent.

I doubt WotC would use non-copyrighted art. But if it's the best way to get art for your heartbreaker than I guess go for it.
 


AI-Created Comic Has Been Deemed Ineligible for Copyright Protection​


Reversing an earlier decision, the United States Copyright Office rules that a comic book made using A.I. art is ineligible for copyright protection
 


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