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Isn't that still image considered 'fair use'? So what copyright is involved?
by JoeAltmaier 3y ago
Isn't that still image considered 'fair use'? So what copyright is involved?
- s1artibartfast 3y agodepends on what you do with it based on my understanding. For example, you couldn't sell posters of it. In this sense, I think the point isnt that Midjourney cant use it in training, but that not all outputs are free of copyright restrictions. I can find tons of images on google that carry various forms of copyright, and google is fine search them and display them. I just dont own them.
- JoeAltmaier 3y agoSo the title is hyperbole then. Midjourney has no part in infringement. It's all on the users' shoulders. Just as I thought.
- s1artibartfast 3y agoThe output itself seems to be a nothingburger, but it does demonstrate that full images are digested and can be stored largely intact in the model. This may demonstrate that midjourney didn't just see the copyrighted materials once during training, but continually uses them intact as part of their operations. This is the more interesting Implication
- JoeAltmaier 3y agoI suppose. It means they should cluster their training data to avoid learning any one thing too sincerely? Happens on the web. You try to search for something that has some edgy or meme-like meaning now, good like finding the thing. The algorithm is poisoned by the popularity of the other thing.
- hn_acker 3y agoAn image is not fair use. It's just an image. Fair use is a test of how someone uses expression copied from someone else's existing work. Publishing the output to report on problematic prompt patterns (as in the Twitter post by Reid Southen @Rahll) is probably fair use. (Can't know for sure unless a court rules on the specific case in question.) Publishing the output while saying "you should try this for a free poster" is infringement.