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If you have registered your copyright, you can sue for punitive damages. If you haven't registered your copyright, you can sue for actual damages which include
by shagie 4y ago
If you have registered your copyright, you can sue for punitive damages.
If you haven't registered your copyright, you can sue for actual damages which includes the money you lost (including potential money) and maybe the money gained by the person using the work.
You will need to prove that the work generated by stable diffusion is an infringement of your work and that stable diffusion is liable (this will be challenging). You could also try suing the person using the work for profit (it will need to be for profit because otherwise all three points of "what you can sue for" is $0).
Remember to register the images that you create with the appropriate copyright office if you wish to be able to sue and have some teeth (and have a better than zero chance of collecting lawyers fees from the other party)
This can be done as a "group registration" to do bulk and doesn't need to be done one at a time - https://www.copyright.gov/registration/photographs/ https://www.copyright.gov/registration/photographs/ and https://www.copyright.gov/registration/visual-arts/ https://www.copyright.gov/registration/visual-arts/