this post was submitted on 04 Jan 2024
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I think this is a difficult concept to tackle, but the main argument I see about using existing works as 'training data' is the idea that 'everything is a remix'.
I, as a human, can paint an exact copy of a Picasso work or any other artist. This is not illegal and I have no need of a license to do this. I definitely don't need a license to paint something 'in the style of Picasso', and I can definitely sell it with my own name on it.
But the question is, what about when a computer does the same thing? What is the difference? Speed? Scale? Anyone can view a picture of the Mona Lisa at any time and make their own painting of it. You can't use the image of the Mona Lisa without accreditation and licensing, but what about a recreation of the Mona Lisa?
I'm not really arguing pro-AI here, although it may sound like it. I've just heard the 'licensing' argument many times and I'd really like to hear what the difference between a human copying and a computer copying are, if someone knows more about the law.
Um - your examples are so old the copyright expired centuries ago. Of course you can copy them. And you can absolutely use an image of the Mona Lisa without accreditation or licensing.
Painting and selling an exact copy of a recent work, such as Banksy, is a crime.
… however making an exact copy of Banksy for personal use, or to learn, or to teach other people, or copying the style… that’s all perfectly legal.
I don’t think think this is a black and white issue. Using AI to copy something might be a crime. You absolutely can use it to infringe on copyright. The real question is who’s at fault? I would argue the person who asked the AI to create the copy is at fault - not the company running the servers.
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They're not gatekeeping llms though, there are publicly available models and data sets.
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Stability diffusion is open source. You can run local instances with provided and free training sets to query against and generate your own outputs.
https://stability.ai/