victorbjorklund 2 days ago

I would 100% be allowed to draw an image of Indiana Jones in illustrator. There is no law against me drawing his likeness.

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  • kod 2 days ago

    https://en.wikipedia.org/wiki/Copyright_protection_for_ficti...

    https://en.wikipedia.org/wiki/Personality_rights#United_Stat...

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    • bawolff 2 days ago

      I don't think those links support the point you are trying to make (i assume you are disagreeing with parent). Copyright law is a lot more complex then just a binary, and fictional characters certainly don't enjoy personality rights.

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      • kod 2 days ago

        harrison ford certainly does

        edit - also, I wasn't making a binary claim, the person I was responding to was: "no law". There are more than zero laws relevant to this situation. I agree with you that how relevant is context dependent.

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    • recursive 2 days ago

      Copyright protection doesn't prevent an illustrator from drawing the thing.

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      • asadotzler a day ago

        but selling it is another and these ai companies sell their IP theft with a monthly subscription.

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  • mvieira38 21 hours ago

    You wouldn't be able to offer a service to draw 1 to 1 recreations of Indiana Jones movie frames, though...

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  • pier25 2 days ago

    No, you aren't allowed to monetize an image of Indiana Jones even if you made it yourself.

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    • bawolff 2 days ago

      That depends. There are situations where you are. Satire in particular would be a common one, but there can be others.

      Rules around copyright (esp. Fair use) can be very context dependent.

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      • pier25 a day ago

        Those are the exceptions that confirm the rule, as they say.

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  • echoangle 2 days ago

    But would you be allowed to publish it in the same way the AI companies do?

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  • otabdeveloper4 a day ago

    You 100% wouldn't be allowed to sell your Indiana Jones drawing services.

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why_at 2 days ago

I'm honestly trying to wrap my head around the law here because copyright is often very confusing.

If I ask an artist to draw me a picture of Indiana Jones and they do it would that be copyright infringement? Even if it's just for my personal use?

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  • bawolff a day ago

    Probably that would be a derrivative work. Which means the original owner would have some copyright in it.

    It may or may not be fair use, which is a complicated question (ianal).

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  • Avicebron 2 days ago

    IANAL, but if OpenAI makes any money/commercial gains from producing a Ghibli-esque image when you ask, say you pay a subscription to OpenAI. What percentage of that subscription is owed to Ghibli for running Ghibli art through OpenAI's gristmill and providing the ability to create that image with that "vibe/style" etc. How long into perpetuity is OpenAI allowed to re-use that original art whenever their model produces said similar image. That seems to be the question.

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    • why_at 2 days ago

      Yeah that's fair, I'm trying to create an analogy to other services which are similar to help me understand.

      If e.g. Patreon hosts an artist who will draw a picture of Indiana Jones for me on commission, then my money is going to both Patreon and the artist. Should Patreon also police their artists to prevent reproducing any copyrighted characters?

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  • xboxnolifes a day ago

    I would think yes. Consider the alternate variation where the artist proactively draws Indiana Jones, in all his likeness, and attempts to market and sell it. The same exchange is ultimately happening, but this clearly is copyright infringement.

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pwarner 2 days ago

To me a lot has to do with what a human does with them one the tool generates them no?

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Smithalicious a day ago

Won't somebody think of the billionaire IP holders? The horror.

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  • asadotzler a day ago

    And the small up and coming artists whose work is also stolen, AI-washed, and sold to consumers for a monthly fee, destroying the market for those up and coming artists to sell original works. You don't get to pretend this is only going to hurt big players when there are already small players whose livelihoods have been ruined.

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