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<blockquote data-quote="Snarf Zagyg" data-source="post: 9696924" data-attributes="member: 7023840"><p>So let's break this down in simple steps.</p><p></p><p>Derek buys a photocopying machine. Derek takes an images <em>that Derek has chosen</em> to photocopy, and then Derek has <em>reproduced that exact image</em>.</p><p>The machine is simply reproducing exactly what a user request. Derek knows what the original image is. Derek knows how he got the original image. Derek knows how he will use the reproduced image.</p><p></p><p>Now, take Chad. Chad asks an AI to generate an image. Chad did not provide <em>any images at all</em>. Chad has <em>no information about how the AI will make the image, including whether or not the AI is using copyrighted work</em> (it is effectively a black box for Chad). Chad will not know if the resultant image violates copyright, because ... and this is important ... Chad did not generate the image in any meaningful way.</p><p></p><p>Without going into the legal explanations, do you see why this is not the same scenario as a photocopying machine? With a photocopy, the user supplies the source image, and the result is an exact duplicate. Which means that the user knows if what they are photocopying is their own drawing, or the 5e24 PHB. And then the user determines what they will do with the result <em>knowing what the original source material they put into it was, and that the output is an actual copy (which obviously isn't a derivative work). </em></p></blockquote><p></p>
[QUOTE="Snarf Zagyg, post: 9696924, member: 7023840"] So let's break this down in simple steps. Derek buys a photocopying machine. Derek takes an images [I]that Derek has chosen[/I] to photocopy, and then Derek has [I]reproduced that exact image[/I]. The machine is simply reproducing exactly what a user request. Derek knows what the original image is. Derek knows how he got the original image. Derek knows how he will use the reproduced image. Now, take Chad. Chad asks an AI to generate an image. Chad did not provide [I]any images at all[/I]. Chad has [I]no information about how the AI will make the image, including whether or not the AI is using copyrighted work[/I] (it is effectively a black box for Chad). Chad will not know if the resultant image violates copyright, because ... and this is important ... Chad did not generate the image in any meaningful way. Without going into the legal explanations, do you see why this is not the same scenario as a photocopying machine? With a photocopy, the user supplies the source image, and the result is an exact duplicate. Which means that the user knows if what they are photocopying is their own drawing, or the 5e24 PHB. And then the user determines what they will do with the result [I]knowing what the original source material they put into it was, and that the output is an actual copy (which obviously isn't a derivative work). [/I] [/QUOTE]
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