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1. TheDon+(OP)[view] [source] 2023-01-14 08:43:56
Maybe?

If you take a bad paper shredder that, say, shreds a photo into large re-usable chunks, run the photo through that, and tape the large re-usable chunks back together, you have a photo with the same copyright as before.

If you tape them together in a new creative arrangement, you might apply enough human creativity to create a new copyrighted work.

If you grind the original to dust, and then have a mechanical process somehow mechanically re-arrange the pieces back into an image without applying creativity, then the new mechanically created arrangement would, I suspect, be a derived work.

Of course, such a process don't really exist, so for the "shapeless dust" question, it's pretty pointless to think about. However, stable diffusion is grinding images down into neural networks, and then without a significant amount of human creativity involved, creating images reconstituted from that dust.

Perhaps the prompt counts as human creativity, but that seems fairly unlikely. After all, you can give it a prompt of 'dog' and get reconstituted dust, that hardly seems like it clears a bar.

Perhaps the training process somehow injected human creativity, but that also seems difficult to argue, it's an algorithm.

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