this post was submitted on 26 Jan 2024
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I already know I'm going to be downvoted all to hell, but just putting it out there that neural networks aren't just copy pasting. If a talented artist replicates a picture of the joker almost perfectly, they are applauded. If an AI does it, that's bad? Why are humans allowed to be "inspired" by copyrighted material, but AIs aren't?
Because the original Joker design is not just something that occurred in nature, out of nowhere. It was created by another artist(s) who don't get credit or compensation for their work.
When YouTube "essayists" cobble script together by copy pasting paragraphs and changing some words around and then then earn money off the end product with zero attribution, we all agree it's wrong. Corporations doing the same to images are no different.
you aren't making any sense. people did fanarts and memes of the joker movie like crazy, they were all over the internet. there are tons and tons of fan arts of copyrighted material.
they fall under fair use and no one losses money because fan arts can't be used for commercial purposes, that would fall outside fair use and copyright holders will sue, of course.
how is that different from the AI generating an image containing copyrighted material? if someone started generating images of the joker and then selling them, yeah, sue the fuck out of them. but generating it without any commercial purpose is not illegal at all.
In many cases the AI company is "selling you" the image by making users pay for the use of the generator. Sure, there are free options, too - but just giving you an example.
With that line of argument you can sue developers of 2d painting programmes and producers of graphics tablets. And producers of canvas, brushes and paint. Maybe even the landlord for renting out a studio? It's all means of production.
You make an interesting point, but I can't help but feel it's not completely the same and you're reaching a bit. I feel like it'd be closer if GIMP, next to shape tools for squares and circles, literally had a 'Joaquin Phoenix as the Joker' shape. The crux of the issue as I see it in this part of the legal debate is whether or not AI companies are willing participants in the creation of potentially copyright infringing media.
It reminds me a bit of the debate around social media platforms and if they're legally responsible for the illegal or inappropriate content people keep uploading.