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this post was submitted on 26 Jul 2023
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If a person writes a fanfic harry potter 8 it isn't a problem until they try to sell it or distribute it widely. I think where the legal issues get sticky here are who caused a particular AI generated Harry Potter 8 to be written.
If the AI model attempts to block this behavior. With contract stipulations and guardrails. And if it isn't advertised as "a harry potter generator" but instead as a general purpose tool... then reasonably the legal liability might be on the user that decides to do this or not. Vs the tool that makes such behavior possible.
Hypothetically what if an AI was trained up that never read Harry Potter. But its pretty darn capable and I feed into it the entire Harry Potter novel(s) as context in my prompt and then ask it to generate an eighth story
is the tool at fault or am I?
Fanfic can actually be a legal problem. It's usually not prosecuted, because it harms the brand to do so, but if a company was doing that professionally, they'd get into serious hot water.
Regarding your hypothetical scenario: If you train the AI with copyrighted works, so that you can make it reproduce HP8, then you are at fault.
If the tool was trained with HP books and you just ask really nicely to circumvent the protections, I would guess the tool (=> it's creators) would certainly be at fault (since it did train on copyrighted material and the protections were obviously not good enough), and at the latest when you reproduce the output, you too are.