this post was submitted on 20 Oct 2023
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"You don't understand, it's not infringement because we put it in a blender first" is why AI "art" keeps taking Ls in court.
Care to point to those Ls in court? Because as far as I'm aware they are mostly still ongoing and no legal consensus has been established.
It's also a bit disingenuous to boil his argument down to what you did, as that's obviously not what he said. You would most likely agree that a human would produce transformative works even when basing most of their knowledge on that of another (such as tracing).
Ideas are not copyrightable, and neither are styles. You could use that understanding of another's work to create forgeries of their work, but hence why there exist protections against forgeries. But just making something in the style of another does not constitute infringement.
EDIT:
This was pretty much the only update on a currently running lawsuit I could find: https://www.reuters.com/legal/litigation/us-judge-finds-flaws-artists-lawsuit-against-ai-companies-2023-07-19/
Hard to call that an L, so I'm eagerly awaiting them.
Biggest L: that shit ain’t copyrightable. A doodle I fart out on a sticky pad has more legal protection.
That's true, but the reason behind that is reasonable. There has been no human intervention, and so like photos taken by animals, they hold no copyright. But that's not what you should be doing anyways, a tool must be used as part of a process, not as *the process*.
A court saying "nobody owns this" is closer to the blender argument than the ripoff argument.