Copyright law doesn't work like that for photos. When you take a photo of something you become the owner of the image.
In the context of AI, the issue is specifically with using a copyrighted image and creating something new based off of that. That is explicitly illegal for human artists.
But where do you draw the line? If AI imagines 3 people around a business table in front of a flip chart, is that copyright infringement on similar stock photos? Note that in the AI created image, the people are unique, they never existed, the business table is unique, the flip chart is unique, and in general you can't point to any existing photo it was trained over and say "it just copied this item here".
If so, why isn't it also copyright infringement when a human photographer stages another similar shot?
Well that's sort of the whole thing with copyright law. It's fairly arbitrary. Copyright specifically forbids derivative works:
"A derivative work is a work based on or derived from one or more already exist- ing works."
It's vague on purpose because copyright infringements generally need to be handled on a case by case basis.
Now there are AI's trained on images that are copyrighted. If the image is copyrighted, should the AI have been allowed to train on it?
The reason human training/inspiration isn't specifically forbidden is because it can't be. We are impressioned by things whether we like it or not. Regardless, we can't prove where someone's inspiration came from.
But the act of training an AI on copyrighted images is deliberate. I feel that's a key difference.
> The reason human training/inspiration isn't specifically forbidden is because it can't be. We are impressioned by things whether we like it or not. Regardless, we can't prove where someone's inspiration came from.
And there's plenty of cases that say if you're too inspired, that's illegal and/or you own damagaes/royalties.
Then the AI is performing a sort of collage of copyrighted work and the AI / prompt writer would not own the copyright to the derivative work. If a photographer stages a photo based on an existing photo, and it shares enough features with the original work, it likely would be copyright infringement.
The court has already ruled that you can't own the derivative work anyways, because copyright law requires an individual artist. If I ask bob to make a picture for me, bob actually owns the copyright to start (but can assign it to me). I don't automatically get given copyright because I 'prompted' bob with what I wanted drawn (draw me a mouse). Copyright is given to the artist on the artists specific output.
If I ask an AI for a picture, there is no artist 'bob' to be assigned ownership under copyright law and therefor it's not copyrightable under existing law.
Funny how originally all these pro-AI art people were anti-copyright law but I can see them sometime soon lobbying for MORE restrictive copyright law (granting it in a larger pool or circumstances hence making more things copyrighted) so that they can overcome this.
It’s explicitly allowed to create new based on photographs, assuming the resulting work is not similar with the original
> For example: if they base their painting on an oft photographed or painted location, generic subject matter, or an image that has been taken by numerous photographers they would likely not be violating copyright law.
> However: if they create their painting, illustration or other work of art from a specific photograph or if your photography is known for a particular unique style, and their images are readily identifiable with you as the photographer, and an artist copies one of your photographic compositions or incorporates your photographic style into their painting or illustration they may be liable for copyright infringement.
"incorporates your photographic style into their painting or illustration"
Seems pretty cut and paste to me. If it has trained on my images and then uses that trained dataset to generate new images those images are in violation. Using training sets that include unlicensed copyrighted works requires attribution and licensing. TO be legal otherwise the end user/AI company would have to be able to prove in a court of law that without training on my copyrighted work it would have still generated that specific image which I can't see the users/company being able to do.
It is not illegal for a human to look at something another human created and learn composition, strokes, lighting, etc... and then apply it to their own future creations. This is all the AI is doing.
Taking copyrighted images and dumping them into a machine learning model is deliberate usage. The AI isn't a person, so it doesn't draw on past experience by happenstance.
AI is just a lossy form of storing the copyrighted work and using pieces of the copyrighted work for future output. It definitely requires licensing of the works stored (I mean 'trained on')used if used outside of 'personal use'. I can't just re-compress a tons of pictures into crappy jpg format and then use them however I'd like. I also can't just come up with a new format for machine storing copyrighted images to be used for creating derivative works, call it AI, and say it's 'different'. The AI company has to be able to prove in a court of law it could have generated the image if it hadn't been trained on my copyrighted work. We already covered this area of law with sampling in music. If you didn't want to continue over ownership of the work from the owner of the 'sample' you either license it or.... don't use it.
if it is storing the copyrighted work, then I'm sure you could point which part of the weights corresponds with a specific work, right? Same way that you could do it if we were to "re-compress a tons of pictures into crappy jpg format", or if we were "sampling music". Oh, you can't do it? Then, I'm afraid it's not the same.
It's hugely different - imagine the number of decisions a person makes when making an oil-painting - each stroke is somewhat influenced by past experience but also by the current state of the painting, their emotional state etc. The AI is just directly interpolating based on past input.
Making the two processes equivalent is very reductive.
The AI is a product created by a company. A vacuum sucking up the scraped remnants of the internet. Hundreds of millions of dollars are spent to pull this off. Stop acting like this is a human or anything resembling one. This is a product and not a person.
Yes, it can be illegal. It happens plenty of time in music, where artists produce songs which are too similar to previously existing songs, and owe damages.
In the context of AI, the issue is specifically with using a copyrighted image and creating something new based off of that. That is explicitly illegal for human artists.