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<blockquote data-quote="Mistwell" data-source="post: 9233757" data-attributes="member: 2525"><p>You said the contracts for Disney artists make them work for hire and therefore there could be no issue with using that art to build AI art. I refuted that - a large portion of the Disney database of artwork they've acquired over the years is not work for hire but was instead either directly royalty based or partially royalty based depending on whether it was the initial purpose of an ancillary purpose. </p><p></p><p>That goes for the Marvel artwork they own, the Lucasfilm artwork they own, Fox, Muppets, Saban, and even some of the Pixar artwork they acquired, along with some other companies they bought. It's not just people who were Disney employees at the time.</p><p></p><p>The ongoing dispute is Disney claiming they don't have to pay royalties because they bought the properties rather than were the original contractors. Which they claim gives them royalty-free rights to do what they want with the artworks, and that would follow to their using it in their AI database as well as other purposes they put it to. It goes for ANY ancillary purpose, not just the narrow ones you oddly just tried to redefine it as based on the age of the issue as if the age of the artwork would impact whether it would be used in their artwork database they are feeding to AI. </p><p></p><p>Once you put art into an AI database, it's pretty difficult to pull it back out given it grows and grows and other AI use it too as it is popularized. Which is somewhat unique to this topic. If Disney tried to make a movie or show with art owned by someone else, they can be forced to stop it or immediately pay royalties on it or at least try and estimate the damages later.</p><p></p><p>That issue isn't really solved by dealing with "large corporate not being held to their contracts" with this AI issue because once it's in AI it's so hard to estimate it or control it thereafter. It shouldn't be done at all without a royalty measuring tool in place before you put it into the AI. Doing it the way they're doing it essentially guarantees the artists get screwed. Yes, that's an ethical issue. Yes, it's a real issue. No, you can't get around it being a real and ethical issue because "those contracts are older" given that's the very kind of artwork fed into the AI databases.</p></blockquote><p></p>
[QUOTE="Mistwell, post: 9233757, member: 2525"] You said the contracts for Disney artists make them work for hire and therefore there could be no issue with using that art to build AI art. I refuted that - a large portion of the Disney database of artwork they've acquired over the years is not work for hire but was instead either directly royalty based or partially royalty based depending on whether it was the initial purpose of an ancillary purpose. That goes for the Marvel artwork they own, the Lucasfilm artwork they own, Fox, Muppets, Saban, and even some of the Pixar artwork they acquired, along with some other companies they bought. It's not just people who were Disney employees at the time. The ongoing dispute is Disney claiming they don't have to pay royalties because they bought the properties rather than were the original contractors. Which they claim gives them royalty-free rights to do what they want with the artworks, and that would follow to their using it in their AI database as well as other purposes they put it to. It goes for ANY ancillary purpose, not just the narrow ones you oddly just tried to redefine it as based on the age of the issue as if the age of the artwork would impact whether it would be used in their artwork database they are feeding to AI. Once you put art into an AI database, it's pretty difficult to pull it back out given it grows and grows and other AI use it too as it is popularized. Which is somewhat unique to this topic. If Disney tried to make a movie or show with art owned by someone else, they can be forced to stop it or immediately pay royalties on it or at least try and estimate the damages later. That issue isn't really solved by dealing with "large corporate not being held to their contracts" with this AI issue because once it's in AI it's so hard to estimate it or control it thereafter. It shouldn't be done at all without a royalty measuring tool in place before you put it into the AI. Doing it the way they're doing it essentially guarantees the artists get screwed. Yes, that's an ethical issue. Yes, it's a real issue. No, you can't get around it being a real and ethical issue because "those contracts are older" given that's the very kind of artwork fed into the AI databases. [/QUOTE]
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