This has always felt like the important-but-ignored distinction to me. You can definitely draw Mario! Copyright doesn't protect against you doing so. You can also use tools to recreate copyrighted materials. For example, you can use Word to type out the text of a copyrighted book. Perhaps more relevant to the AI discussion, you can use a scanner and printer to reprint copyrighted text.
What you can't do is use those recreations for commercials purposes. You can't sell your paintings of Mario. You can't decorate your business with Mario drawings.
That's why I've always felt like the idea that AI should be blocked from creating these things is generally not the right place to look at copyright. Rather, the issue should be if someone uses AI to create a picture of Mario and then does something commercial with it, you should be able to go after the person engaging in the commercial behavior with the copyrighted image.
> That's why I've always felt like the idea that AI should be blocked from creating these things is generally not the right place to look at copyright. Rather, the issue should be if someone uses AI to create a picture of Mario and then does something commercial with it, you should be able to go after the person engaging in the commercial behavior with the copyrighted image.
With you until here for several reasons:
1. It's not possible for you as an individual consumer to know whether or not the AI result is a violation, given an AI that has been trained on copyrighted works.
2. Before you, the AI consumer, uses the generated result, a company (in this case OpenAI) is already charging for it. I'm currently paying OpenAI. That AI is currently able and willing to sell me copyrighted images as part of my subscription. Frankly that should be illegal, full stop.
I look forward to AI enhanced workflows and I'm experimenting with them today. But it's morally indefensible to enable giant corporate AIs to slurp up copyrighted images/code/writing and then vomit it back out for profit.
idopmstuff|2 years ago
What you can't do is use those recreations for commercials purposes. You can't sell your paintings of Mario. You can't decorate your business with Mario drawings.
That's why I've always felt like the idea that AI should be blocked from creating these things is generally not the right place to look at copyright. Rather, the issue should be if someone uses AI to create a picture of Mario and then does something commercial with it, you should be able to go after the person engaging in the commercial behavior with the copyrighted image.
strix_varius|2 years ago
With you until here for several reasons:
1. It's not possible for you as an individual consumer to know whether or not the AI result is a violation, given an AI that has been trained on copyrighted works.
2. Before you, the AI consumer, uses the generated result, a company (in this case OpenAI) is already charging for it. I'm currently paying OpenAI. That AI is currently able and willing to sell me copyrighted images as part of my subscription. Frankly that should be illegal, full stop.
I look forward to AI enhanced workflows and I'm experimenting with them today. But it's morally indefensible to enable giant corporate AIs to slurp up copyrighted images/code/writing and then vomit it back out for profit.
SergeAx|2 years ago
troupo|2 years ago
Probably not for anything commercial, not for any exhibitions or public viewing etc. You'd have to check the actual trademarks etc.
haskellandchill|2 years ago