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> Do you really see no difference between someone drawing a piece of fan art In the history of the world only a single person has ever drawn fan art? No, I do

by stale2002 3y ago

> Do you really see no difference between someone drawing a piece of fan art In the history of the world only a single person has ever drawn fan art? No, I don't think that's the case. Instead it is widespread. It is everywhere. > depending on the scales in question The scale argument supports me, not you. This type of "infringement" is everywhere. > reselling it for their own profit with no regards to anyone or anything else? Even this is common. The online independent artist commissions market is full of people doing commercial fan art commissions. Thinking about this even more, I am now wondering if "infringing" works might actually be a majority of the online/independent commissions market. Maybe. And yet, nobody cares.

sensanaty 3y ago
> In the history of the world only a single person has ever drawn fan art? That's a disingenuous take of my comment at best, the equivalent to my scenario is a bunch of unrelated individuals with small boats going out into whatever lake is nearest to them and fishing. Even if you put all of them together and counted how many fish the hobby fishermen catch, it's still nowhere near the scale of the commercial fisheries, which is why they're treated differently both by society at larger but also legally. Same thing with these AI models, Dall-E and all the other ones have probably generated more images than all of humanity has in its entire history so far, and if not quite yet they're definitely gonna get there sooner rather than later. They can generate dozens if not hundreds of images in a split second, whereas a single artist (or even many artists collectively) can't. > And yet, nobody cares. I think we've already established that, because scales absolutely matter for most things. If you want to be an absolutist about it, sure be my guest, but I think in reality the large majority of people are fine when your average Joe Schmoe the artist makes a commission on a random Disney character, whereas they definitely would NOT be okay with a massive conglomerate like Disney stealing Joe Schmoe's original art and repurposing it without compensating Joe, because there's an inherent power disbalance between the two and the consequences of that power disparity matters. I mean, Disney does have every right to go after Joe for his commissions if they really wanted to, similarly to how Nintendo is hyper aggressive with taking down anything relating to their IPs. It's just not really worth it for most companies, they will absolutely go for another company trying to pull the same shit though, as can be seen with the NYT case.

sensanaty 3y ago

> In the history of the world only a single person has ever drawn fan art? That's a disingenuous take of my comment at best, the equivalent to my scenario is a bunch of unrelated individuals with small boats going out into whatever lake is nearest to them and fishing. Even if you put all of them together and counted how many fish the hobby fishermen catch, it's still nowhere near the scale of the commercial fisheries, which is why they're treated differently both by society at larger but also legally. Same thing with these AI models, Dall-E and all the other ones have probably generated more images than all of humanity has in its entire history so far, and if not quite yet they're definitely gonna get there sooner rather than later. They can generate dozens if not hundreds of images in a split second, whereas a single artist (or even many artists collectively) can't. > And yet, nobody cares. I think we've already established that, because scales absolutely matter for most things. If you want to be an absolutist about it, sure be my guest, but I think in reality the large majority of people are fine when your average Joe Schmoe the artist makes a commission on a random Disney character, whereas they definitely would NOT be okay with a massive conglomerate like Disney stealing Joe Schmoe's original art and repurposing it without compensating Joe, because there's an inherent power disbalance between the two and the consequences of that power disparity matters. I mean, Disney does have every right to go after Joe for his commissions if they really wanted to, similarly to how Nintendo is hyper aggressive with taking down anything relating to their IPs. It's just not really worth it for most companies, they will absolutely go for another company trying to pull the same shit though, as can be seen with the NYT case.