Many are spreading misinformation that Generative AI art is akin to copyright infringement. While this is still being disputed legally, the technical answer ...
I created this video after being spammed by artist groups claiming that Generative AI uses copied samples to create work.
I don’t agree there Cosmic. Take music for instance, a lot of artist inspiration comes from what they listened to on the Radio. I know very few artists that have called up all of the bands they listened to on the radio to get permission to make their own work.
If you make your music free to listen to in any way that opens you up to others being inspired by you.
I don’t agree there Cosmic. Take music for instance, a lot of artist inspiration comes from what they listened to on the Radio. I know very few artists that have called up all of the bands they listened to on the radio to get permission to make their own work.
Don’t mean to be argumentative, but I think you chose a poor example to try to prove your point.
Artists get sued all the time for infringement, when they base their song too closely off of another artists song/content.
IANAL, and I’m guessing neither are you, but I don’t think you can just say five seconds after somebody creates content it’s free and in the public domain for anyone else to use. Everything I do understand about the law today goes against that philosophy.
There’s usually a period of time (one which Disney tends to stretch to an absurd factor) before private content becomes public domain.
Finally, don’t get me wrong, I do think content should go into the public domain sooner rather than later.
But I also do know that if big corporations are going to become very very rich off of someone else’s content, that those other people should be rewarded monetarily for that content, so they can share in their success of the sold product that the content was generated from.
I think I see the disconnect here. I don’t feel that the art/work in question has to be in the public domain to be fair game for inspiration. It is the artists choice how they want to distribute their material. I see no need to differentiate between human inspiration and AI inspiration.
If an artist wanted to prevent either humans or AI from being inspired without paying them, they should put their content behind a paywall.
I feel that copyright should apply to copying material, not learning from it to make your own. In reality the law does allow for you to file for infringement just based on the work being similar, regardless of if the person being accused of infringement has ever even witnessed the source material. I see this as just fundamental flaw in the system, that has existed before AI ever came about.
If an artist wanted to prevent either humans or AI from being inspired without paying them, they should put their content behind a paywall.
That’s not how the law (or the Internet) works currently though. They can license its usage, and also there are automatic copyright protections given by the law as well.
Now, what Congress does with the existing laws in the future is fair game, and another thing altogether.
I feel that copyright should apply to copying material, not learning from it to make your own.
An interesting technical legal point to argue would be that if an AI model-making corporation copies the content to their servers hard drives before having their model read/study it from said hard drives, vs. having the model ‘see’ it directly from the source material in real time, like how a human being does it. 🤔
As it is now, the content is copied first, then used later, so per your own definition it would be covered by copyright (assuming its not already explicitly licensed otherwise). Again, IANAL. 🙂
Most of our learning is done before we can even enter into a contract, before we are an adult. So no, you didn’t pay for all of your knowledge, schools provided by your neighbors did a ton of that. Most of it was society coming together communally and supporting you with our collective shoulders of knowledge.
Thanks for the TLDR, appreciate it. One follow-up question, if you don’t mind.
In your opinion, who owns the content/data that the AI models are programmed from?
Anti Commercial-AI license (CC BY-NC-SA 4.0)
The person that created the content does, but there is nothing wrong with basing your work on things other people have made, that you have witnessed.
Without paying them for their content first?
Or at the very least get their permission first?
Would the AI model creators pay back some of their profits to the people that created the content that they program their models from, after the fact?
It really comes down to at what point does your content become public domain. IANAL, so I have no idea what the legalities on that is.
But as someone who creates content in a very very very small manner, I would like to be compensated for it, if it’s used for commercial purposes.
Anti Commercial-AI license (CC BY-NC-SA 4.0)
I don’t agree there Cosmic. Take music for instance, a lot of artist inspiration comes from what they listened to on the Radio. I know very few artists that have called up all of the bands they listened to on the radio to get permission to make their own work.
If you make your music free to listen to in any way that opens you up to others being inspired by you.
Don’t mean to be argumentative, but I think you chose a poor example to try to prove your point.
Artists get sued all the time for infringement, when they base their song too closely off of another artists song/content.
IANAL, and I’m guessing neither are you, but I don’t think you can just say five seconds after somebody creates content it’s free and in the public domain for anyone else to use. Everything I do understand about the law today goes against that philosophy.
There’s usually a period of time (one which Disney tends to stretch to an absurd factor) before private content becomes public domain.
Finally, don’t get me wrong, I do think content should go into the public domain sooner rather than later.
But I also do know that if big corporations are going to become very very rich off of someone else’s content, that those other people should be rewarded monetarily for that content, so they can share in their success of the sold product that the content was generated from.
Anti Commercial-AI license (CC BY-NC-SA 4.0)
I think I see the disconnect here. I don’t feel that the art/work in question has to be in the public domain to be fair game for inspiration. It is the artists choice how they want to distribute their material. I see no need to differentiate between human inspiration and AI inspiration.
If an artist wanted to prevent either humans or AI from being inspired without paying them, they should put their content behind a paywall.
I feel that copyright should apply to copying material, not learning from it to make your own. In reality the law does allow for you to file for infringement just based on the work being similar, regardless of if the person being accused of infringement has ever even witnessed the source material. I see this as just fundamental flaw in the system, that has existed before AI ever came about.
That’s not how the law (or the Internet) works currently though. They can license its usage, and also there are automatic copyright protections given by the law as well.
Now, what Congress does with the existing laws in the future is fair game, and another thing altogether.
An interesting technical legal point to argue would be that if an AI model-making corporation copies the content to their servers hard drives before having their model read/study it from said hard drives, vs. having the model ‘see’ it directly from the source material in real time, like how a human being does it. 🤔
As it is now, the content is copied first, then used later, so per your own definition it would be covered by copyright (assuming its not already explicitly licensed otherwise). Again, IANAL. 🙂
Anti Commercial-AI license (CC BY-NC-SA 4.0)
As someone who just popped into the thread, is it okay if I ask who owns the content/data that you have viewed and learned from your entire life?
The people who had created the content, of course.
They gave their content to me to be entertained by and/or to learn from, after I paid them for it, or watched commercials for it, or for free.
Anti Commercial-AI license (CC BY-NC-SA 4.0)
Most of our learning is done before we can even enter into a contract, before we are an adult. So no, you didn’t pay for all of your knowledge, schools provided by your neighbors did a ton of that. Most of it was society coming together communally and supporting you with our collective shoulders of knowledge.
I never said I paid for all of my knowledge…
Also, I was watching commercials since I was a child, so I was returning the barter for the content being displayed to me.
That too.
Anti Commercial-AI license (CC BY-NC-SA 4.0)