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Re:Microsoft will assume liability for legal copyright risks... by satvikpendem on Thursday September 07, 2023 @04:47PM (#37425336)
First, style is not copyrightable. I could draw something in a Studio Ghibli style and they could do nothing about it, legally speaking.

Second, the way we've seen generative AI be used is not really the same as it was touted originally, that a mere prompt could replace an entire artist's work. A year later, we see that most people, artists included, don't use it as a verbatim text to image machine, they use it as a tool. See apps like ComfyUI or others which allow Node based or layer based image creation and editing, which even Photoshop now has. It's the same as Copilot and ChatGPT, it's not replacing any programmers, just increasing their productivity Given that, it is not looking like generative AI is hurting one's professions, quite the opposite.

Re:Microsoft will assume liability for legal copyright risks... by akhosravian on Thursday September 07, 2023 @05:08PM (#37425615)
While there are no IP protections for “style” there are certainly elements that are covered. Particular colors be trademarked, characters can be copyrighted separately from the works they appear in, design patents are a thing that cover more than most folks realize.

I don’t think any but the most copyleft segment of society thinks it would be reasonable for a generative AI trained on exactly one persons work to be used for profit by someone else.

An AI trained on two or ten people’s work probably feels the same for most folks, but what about when it’s thousands or millions? What if instead of one persons work it is the works held in copyright by an entity like Getty Images?

Re:Microsoft will assume liability for legal copyright risks... by regularfry on Thursday September 07, 2023 @06:42PM (#37426635)
> I don’t think any but the most copyleft segment of society thinks it would be reasonable for a generative AI trained on exactly one persons work to be used for profit by someone else.

Why do you think that? It doesn't seem obvious to me at all.

Re:Microsoft will assume liability for legal copyright risks... by versteegen on Thursday September 07, 2023 @07:40PM (#37427217)
Well imagine you created a novel generator that just cut-and-paste whole sentences from the Harry Potter books to create a new Harry Potter. Now, as long as this was done as a just a bit of fun, non-commercial, I feel like that likely should be allowed as fair use (whether it actually would is not the point), though borderline. If you tried to sell it, definitely too far.

So I think the key part is "used for profit".

Re:Microsoft will assume liability for legal copyright risks... by gmerc on Friday September 08, 2023 @04:49AM (#37431170)
You can make trademarked colors with microsoft paint…
Re:Microsoft will assume liability for legal copyright risks... by iraqmtpizza on Thursday September 07, 2023 @07:54PM (#37427353)
Ghibli style is probably trademarked. Different thing. Outline width, color palette, ambient noises, musical style, how the eyes and hands are drawn, when used together, would be possible to trademark I would think.
Re:Microsoft will assume liability for legal copyright risks... by dkjaudyeqooe on Thursday September 07, 2023 @08:40PM (#37427757)
> First, style is not copyrightable

Wasn't suggesting it is. The point is that the tool is used to create things that substitute for the original authors' work by ingesting the works of those authors. The impact of the copying matters when weighing fair use.

If I use your copyrighted works to supplant you in some way, even as a part of a large group, then it's unlikely to be deemed fair use.

Re:Microsoft will assume liability for legal copyright risks... by yencabulator on Thursday September 07, 2023 @09:51PM (#37428293)
> First, style is not copyrightable. I could draw something in a Studio Ghibli style and they could do nothing about it, legally speaking.

Meanwhile, drawing Mickey ears on the wall of a kindergarten is not safe.

If you feel strongly that generational ML somehow launders copyright out of the bits, train an image generator purely on Disney copyrighted material and share the model on the web, see how well that works out.

Re:Microsoft will assume liability for legal copyright risks... by livrem on Friday September 08, 2023 @02:36AM (#37430215)
Training purely on Disney's images would probably be difficult, considering the huge amount of images you need to train a model from scratch. But here is a "fine-tuned Stable Diffusion model trained on screenshots from a popular animation studio". Seems to have worked out quite well so far as that model was last updated last year.

https://civitai.com/models/24/modern-disney

Re:Microsoft will assume liability for legal copyright risks... by yencabulator on Friday September 08, 2023 @01:31PM (#37436670)
"Modern Disney" is neat, I wasn't aware of that. Just so you know, The Mouse is much more fierce about protecting their classic properties like Mickey Mouse or Donald Duck, so this doesn't quite demonstrate my point yet.
Re:Microsoft will assume liability for legal copyright risks... by gmerc on Friday September 08, 2023 @04:50AM (#37431179)
Mickey (who will enter the public domain soon) is a specific expression and both copy righted and trademarked.