Re:Lawsuit challenging Stable Diffusion filed against Devian...
by williamcotton on Sunday January 15, 2023 @09:55PM
(#34396288)
I'm pretty sure you were downvoted by someone who walks into MoMA and whispers to their partner that a three year old could have drawn that...
While I doubt that specific case has been tested in court, arguably you could. If you created glitch art (https://en.wikipedia.org/wiki/Glitch_art) via compression artifacts, and your work was sufficiently distinct from the original work, I think you would have a reasonable case for transformative use (https://en.wikipedia.org/wiki/Transformative_use).