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People are ‘blatantly stealing my work,’ AI artist complains - with notes on a similar appeal that failed hard just recently (pivot-to-ai.com)

submitted 1 month ago by dgerard@awful.systems to c/techtakes@awful.systems

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[–] FormallyKnown@feddit.dk 15 points 1 month ago (2 children)

"All Allen could copyright was what he did to the image himself" - so if he trained the model himself, would that make the work copyrightable? Does that mean midjourney has the copyright of all the images created with it?

[–] dgerard@awful.systems 23 points 1 month ago* (last edited 1 month ago) (1 children)

The image gatcha does not create a new copyright. There might be a copyright in the text of a complex prompt (do you feel lucky in court?) Mere "sweat of the brow" does not generate a new copyright in the US, so e.g. retouching work on a photo does not generate a new copyright and photos of a public domain artwork do not create a new copyright.

This doesn't touch on the old copyrights of the stuff Midjourney trained on to make its computer-mediated collages. Those copyrights still exist.

Does the computer-mediated collage launder the previous copyrights? The answer is "do you feel lucky in court?"

[–] o7___o7@awful.systems 10 points 1 month ago (1 children)

It's Tornado Cash, but for pictures of Garfield with a machete.

[–] dgerard@awful.systems 6 points 1 month ago

North Korea: "AUGH MY EYES"

[–] TranscendentalEmpire@lemm.ee 20 points 1 month ago (1 children)

so if he trained the model himself, would that make the work copyrightable?

I think if he "trained" the model on art he himself created you might have an argument.

[–] anton@lemmy.blahaj.zone 7 points 1 month ago

Not in the US, there art can only be created by a human.
If it's created by an algorithm or animal supernatural being it's public domain.

Interesting facts:

when photography was invented there was a debate whether photos can be copyrighted
if you claim to have written down something revealed to you by a supernatural entity, it's public domain
the following image is public domain because it was taken by a monkey