this post was submitted on 01 Sep 2023
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This is a tough one, because they are not directly making money from the copyrighted material.
Isn't this a bit same as using short samples of somebodys song in your own song or somebody getting inspired from somebodys artwork and creating something similar.
If you're sampling music you aught to be compensating the licence holder unless it's public domain or your work is under a fair use exception.
Sampling music is literally placing parts of that music in the final product. Gen AI is not placing pieces of other people's art in the final image, in fact it doesn't store any image data at all. Using an image in the training data is akin to an artist including that image on their moodboard. Except the AI's moodboard has way more images and the odds of the work being too similar to a single particular image is lower than when a human does it.
Are you speaking legally or morally when you say someone "aught" to do something?