> It seems that violation would only come if you would use the model to produce images that are derivative of that original image, the same way a counterfeiter

> It seems that violation would only come if you would use the model to produce images that are derivative of that original image, the same way a counterfeiter would make a copy of it. Have the skill to copy is not the same as actually copying. With this sort of model's "creation" process, is something close to everything it generates derivative of everything it ingested, since had you ingested a different set of images you'd presumably have a different model with different weights? That's kinda sorta analogous to human creation, but a human can much more actively choose what to think about, what to ignore, what to filter out. The human process involves an explicit creative judgement step that I don't think the image-generation-by-model process can - and that creative transformation is key, legally, to a derivative work being able to itself be copyrightable and to not be infringing.