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Different domains of copyrightable material have different norms. The music industry, in response to sampling, has established that even small, recognizable sni
by extra88 4y ago
Different domains of copyrightable material have different norms. The music industry, in response to sampling, has established that even small, recognizable snippets have marketable value and can therefore be infringed upon (there's it's also rife with case law with, in my opinion, bad wins by plaintiffs). For photographic images, collage is already an established art form and is generally considered transformative and fair use of the source images.
I'm not familiar with any The Pirate Bay case; if you are referring to this one [0], it was in a Swedish court and I'm not familiar with Swedish copyright law. However, the first sentence says the charge was promoting infringement, not that they were engaged in infringement themselves. I don't think that's relevant to what I was replying to but could be very relevant to Getty Images's decision, if AI-generate content is infringing, they don't want to be accused of promoting infringement. There's undoubtedly already infringement taking place on Getty Images but likely at such a small scale that the organization itself is not put at risk.
[0] https://en.wikipedia.org/wiki/The_Pirate_Bay_trial https://en.wikipedia.org/wiki/The_Pirate_Bay_trial
- belorn 4y agoIt is the correct case, but the "promoting" might be a bit of an translation issue. They were found guilty of aiding and enabling infringement, but as I describe above, not for any specific infringement of a specific work but rather the act of infringement in a general sense. There has been cases where "enabling" infringement been argued by US prosecutors, but I don't know what the legal status of that argument is. I have heard lawyers argue that nothing in copyright law explicitly forbid enabling, but that was mostly around the time of 2010.
- sportslife 4y agoIt's interesting whether there will be a change to the norms. It's my faint memory that for music, when it was just some kids looping breaks on vinyl printed in the hundreds or low thousands, the sampling was fine or at least not obviously an issue; but then copyright-holders saw that those artists and their management had started bringing in real money, and the laws were clarified.