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Re:Adobe Firefly: AI Art Generator by musicale on Tuesday March 21, 2023 @05:45PM (#35253022)
Derivative works or remixes usually require a license. Artists could very reasonably argue that AI-generated images are derivative works from their own images - especially if there is notable similarity or portions appear to be copied. They could also point out that their images were used for commercial purposes without permission and without compensation to generate works that compete with their own.

For example, even a short sample used in a song usually has to be licensed. Cover versions of songs may qualify for a compulsory license with a set royalty payment scale.

However some reuse (such as transformative use, parodies, or use of snippets for various purposes, especially non-commercial purposes) may be considered fair use. AI companies could very reasonably argue that use of images for training AI models is transformative and qualifies as fair use, that no components of the original images are reused in AI-generated images, and that AI-generated images are no more infringing than human-generated images which show influences from other artists.

Absent additional law, I expect the legal system will have to sort out whether AI-generated images infringe the copyright of their training images, and if so what sort of licensing would be appropriate for AI-generated (or other software/machine-generated) images based on training data from images that are under copyright.

Re:Adobe Firefly: AI Art Generator by AJ007 on Tuesday March 21, 2023 @06:25PM (#35253549)
I propose that it is impossible to prove that any content created after 2022 did or did not utilize ML/AI during the process of its creation (art, code, music, audio, text.) Thus, anything produced after 2022 should not be eligible for copyright protection. Everything pre-2022 may retain the existing copyright protection but should be subject to extra taxes on royalties and fees given the exorbitant privilege.

Though this sounds extreme, enforcing the alternative would break any last remnant of human privacy. It would kill the independent operation of computing as we know it and severely cripple AI/ML research when we need it most: human alignment.

It is possible that a catastrophic event occurs and halts the supply chain of advanced semiconductors in the near future, in which case the debate can be postponed indefinitely.

Re:Adobe Firefly: AI Art Generator by wwweston on Wednesday March 22, 2023 @01:58AM (#35257345)
> AI companies could very reasonably argue that use of images for training AI models is transformative and qualifies as fair use

Yep. They could. And people do.

But this particular use is entirely new, though. Old conceptions of fair use can't and shouldn't cover it. "Transformative"? Sure, but there's a difference between transforming a work once and laying hold of it in automation to be transformed on request millions or billions of times in degrees ranging from simple to convoluted. It's hard to argue that the right to this exists in fair use when awareness of the possibility didn't exist when fair use conceptions were constructed.

The output isn't the issue so much as the consent & consideration for use of the input. We'll need case law or statutory law that understands this. It should be possible, but it should be possible on an opt-in basis. When you're training a model, you should know.

> AI-generated images are no more infringing than human-generated images which show influences from other artists.

If we end up with a policy differentiating the two and privileging humans and works created by them, I'm fine with that.