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Ronny_Jotten t1_j6yenlh wrote

Reply to comment by JigglyWiener in [R] Extracting Training Data from Diffusion Models by pm_me_your_pay_slips

Adobe doesn't ship Photoshop with a button that produces an image of Mickey Mouse. They would be sued by Disney. The AI models do. They are not the same. It seems unlikely that Disney will find it "not worth chasing"; they spend millions defending their intellectual property.

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JigglyWiener t1_j6yxwhz wrote

The models don’t come with buttons that do anything. They are tools capable only of what the software developers permit to enter the models and what users request.

If we go down the road of regulating training and capacity to do x, you’ll have to file lawsuits against every artist on behalf of every copyright holder over the IP inside the artist’s head.

These cases are going to fall apart and copyright holders are going to go after platforms that don’t put reasonable filters in place.

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Ronny_Jotten t1_j6z9axn wrote

> The models don’t come with buttons that do anything. They are tools capable only of what the software developers permit to enter the models and what users request.

If you prompt an AI with "Mickey Mouse" - no more effort than clicking a button - you'll get an image of Mickey Mouse that violates intellectual property laws. The image, or the instructions for producing it, is contained inside the model, because many copyrighted images were digitally copied into the training system by the organization that created the model. It's just not remotely the same thing as someone using the paintbrush tool in Photoshop to draw a picture of Mickey Mouse themselves.

> If we go down the road of regulating training and capacity to do x, you’ll have to file lawsuits against every artist on behalf of every copyright holder over the IP inside the artist’s head.

I don't think you have a grasp of copyright law. That is a tired and debunked argument. Humans are allowed to look at things, and remember them. Humans are not allowed to make copies of things using a machine - including loading digital copies into a computer to train an AI model - unless it's covered by a fair use exemption. Humans are not the same as machines, in the law, or in reality.

> These cases are going to fall apart

I don't think they will. Especially for the image-generating AIs, it's going to be difficult to prove fair use in the training, if the output is used to compete economically with artists or image owners like Getty, whose works have been scanned in, and affect the market for that work. That's one of the four major requirements for fair use.

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