imgabe 2 days ago

The image the AI generates is not copyrighted (except maybe by OpenAI I guess) unless it ends up being an exact duplicate of an existing image. Copyright applies to a specific work. The character may be trademarked like Mickey Mouse, but that is a different IP protection.

  • evdubs 2 days ago

    "Substantially similar" is the standard, not "exact duplicate".

zelphirkalt 2 days ago

I would argue yes, since the output is what you are probably after, when buying access to ChatGPT.

alphan0n 2 days ago

You are responsible for the output, just like any other tool.

If I use a copy machine to reproduce your copyrighted work, I am responsible for that infringement not Xerox.

If I coax your novel out of my phones keyboard suggestion engine letter by letter, and publish it, it’s still me infringing on your copyright.

If I make a copy of your clip art in Illustratator, is Adobe responsible? Etc.

  • VanTheBrand 2 days ago

    What if the ceo of xerox went on social media and promoted copy machines by showing how you could use them for infringement?

    • alphan0n 2 days ago

      Is that what is happening in reality?

      It seems that all of the big players in the industry are perfectly fine with disallowing output that infringes on copyright.

  • skydhash 2 days ago

    The analogies fail because the copyrighted material were not used for creating the copy machine, Illustration, or (maybe?) the keyboard suggestion engine. If LLMs were produced ethically, then the whole discussion is moot. But if the only way to produce copyrighted material requires being trained on copyrighted material, then...

    • alphan0n 2 days ago

      Copyright law applies to distribution of output, not input.

      An artist, writer, whoever, could read all the copyrighted material in the world, even pirated material, unless their output is a copy or copyrighted artifact, then there is no infringement.

      • philistine 2 days ago

        > even pirated material

        If you knowingly use pirated content for any purpose, that's not legal.