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If, as I alluded to, you and the SCOTUS (and other courts) interpret AI art as similar enough to humans where the 'training' process is analogous to a human loo
by judge2020 4y ago
If, as I alluded to, you and the SCOTUS (and other courts) interpret AI art as similar enough to humans where the 'training' process is analogous to a human looking at art and learning how to create good art (or even copy another artist's style), then the license you apply to art does not matter, because it'd just be "learning" about how art works, and not any actual usage of the original work. In this case the AI would be considered a human for the purposes of copyright infringement, where it would infringe on the original work if it recited or recreated any single work from memory without any substantial changes to turn it into either a parody (fair use) or its own work separate from the images it has learned from, even if it mimics the art style of any single artist (since artists can't copyright their styles).
- teaearlgraycold 4y agoI think you’d consider those responsible for the model to be humans, the model to be a machine, and all outputs to be derivative works of the training set with the humans holding culpability.