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Re:High Court rules that Getty vs. Stability AI case can pro... by deeviant on Friday December 08, 2023 @11:03PM (#38578452)
> There’s no question these neural networks and their output are derivative works.

A derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work).

There is absolutely no agreement that what neural networks do (as a rule) counts as such, so it is not at all correct to say "there is no question..."

If learning how to draw by watching other people draw makes everything you draw a derivative work, then perhaps you have a point.

Re:High Court rules that Getty vs. Stability AI case can pro... by Retric on Saturday December 09, 2023 @09:10AM (#38582023)
The network in question recreated the exact content in question on a specific event. What happens is general isn’t the issue, the problem comes from specific output.

For a neural network to be able to recreate a complex work with minimal prompting it must be encode that information and therefore be a derivative work.