For example, I know artists who are vehemently against DALL-E, Stable Diffusion, etc. and regard it as stealing, but they view Copilot and GPT-3 as merely useful tools. I also know software devs who are extremely excited about AI art and GPT-3 but are outraged by Copilot.
For myself, I am skeptical of intellectual property in the first place. I say go for it.
When Microsoft steals all code on their platform and sells it, they get lauded. When "Open" AI steals thousands of copyrighted images and sells them, they get lauded.
I am skeptical of imaginary property myself, but fuck this one set of rules for the poor, another set of rules for the masses.
I haven't been following super closely but I don't know of any claims or examples where input images were recreated to a significant degree by stable diffusion.
You put it as a remix, but remixes are credited and expressed as such.
I don’t see Midjourney (et al) as remixes, myself. More like “inspired by.”
Left: “Girl with a Pearl Earring, by Johannes Vermeer” by Stable Diffusion Right: Girl with a Pearl Earring by Johannes Vermeer
This specific one is not copyright violation as it is old enough for copyright to expire. But the same may happen with other images.
from https://alexanderwales.com/the-ai-art-apocalypse/ and https://alexanderwales.com/addendum-to-the-ai-art-apocalypse...
The scenes à faire doctrine would certainly let you paint your own picture of a pretty girl with a large earring, even a pearl one. That, however, is definitely the same person, in the same pose/composition, in the same outfit. The colors are slightly off, but the difference feels like a technical error rather than an expressive choice.
Warhol’s estate seems likely to lose and their strongest argument is that Warhol took a documentary photo and transformed it into a commentary on celebrity culture. Here, I don’t even see that applying: it just looks like a bad copy.
https://www.scotusblog.com/2022/10/justices-debate-whether-w...
