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Re:Lawsuit challenging Stable Diffusion filed against Devian... by limitedsupply on Saturday January 14, 2023 @02:49AM (#34378193)
So what happens if you put a painting into a mechanical grinder? Is the shapeless pile of dust still copyrighted work? I don’t think so.
Re:Lawsuit challenging Stable Diffusion filed against Devian... by jimnotgym on Saturday January 14, 2023 @02:59AM (#34378233)
The owner of that Banksy painting certainly thinks so.
Re:Lawsuit challenging Stable Diffusion filed against Devian... by limitedsupply on Saturday January 14, 2023 @03:03AM (#34378261)
The painting that has several cuts in about 25% of the surface area? Don’t think that constitutes as a shapeless pile of dust.
Re:Lawsuit challenging Stable Diffusion filed against Devian... by jimnotgym on Saturday January 14, 2023 @03:25AM (#34378399)
So what % does?
Re:Lawsuit challenging Stable Diffusion filed against Devian... by limitedsupply on Saturday January 14, 2023 @04:43PM (#34384450)
Not a lawyer, but practically speaking copyright is lost when an item ceases to “exist” itself and can’t be restored. If you cut a painting in half - it’s absolutely still a copyrighted item. If you atomize it and don’t have technology to restore it, then copyright is meaningless. What item exactly is copyrighted?
Re:Lawsuit challenging Stable Diffusion filed against Devian... by TheDong on Saturday January 14, 2023 @03:43AM (#34378509)
Maybe?

If you take a bad paper shredder that, say, shreds a photo into large re-usable chunks, run the photo through that, and tape the large re-usable chunks back together, you have a photo with the same copyright as before.

If you tape them together in a new creative arrangement, you might apply enough human creativity to create a new copyrighted work.

If you grind the original to dust, and then have a mechanical process somehow mechanically re-arrange the pieces back into an image without applying creativity, then the new mechanically created arrangement would, I suspect, be a derived work.

Of course, such a process don't really exist, so for the "shapeless dust" question, it's pretty pointless to think about. However, stable diffusion is grinding images down into neural networks, and then without a significant amount of human creativity involved, creating images reconstituted from that dust.

Perhaps the prompt counts as human creativity, but that seems fairly unlikely. After all, you can give it a prompt of 'dog' and get reconstituted dust, that hardly seems like it clears a bar.

Perhaps the training process somehow injected human creativity, but that also seems difficult to argue, it's an algorithm.