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this post was submitted on 30 Jul 2023
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AI art is factually not art theft. It is creation of art in the same rough and inexact way that we humans do it; except computers and AIs do not run on meat-based hardware that has an extraordinary number of features and demands that are hardwired to ensure survival of the meat-based hardware. It doesn't have our limitations; so it can create similar works in various styles very quickly.
Copyright on the other hand is, an entirely different and, a very sticky subject. By default, "All Rights Are Reserved" is something that usually is protected by these laws. These laws however, are not grounded in modern times. They are grounded in the past; before the information age truly began it's upswing.
Fair use generally encompasses all usage of information that is one or more of the following:
In most cases AI art is at least somewhat Transformative. It may be too complex for us to explain it simply; but the AI is basically a virtual brain that can, without error or certain human faults, ingest image information and make decisions based on input given to it in order to give a desired output.
Arguably; if I have license or right to view artwork; or this right is no longer reserved, but is granted to the public through the use of the World Wide Web...then the AI also has those rights. Yes. The AI has license to view, and learn from your artwork. It just so happens to be a little more efficient at learning and remembering than humans can be at times.
This does not stop you from banning AIs from viewing all of your future works. Communicating that fact with all who interact with your works is probably going to make you a pretty unpopular person. However; rightsholders do not hold or reserve the right to revoke rights that they have previously given. Once that genie is out of the bottle; it's out...unless you've got firm enough contract proof to show that someone agreed to otherwise handle the management of rights.
In some cases; that proof exists. Good luck in court. In most cases however; that proof does not exist in a manner that is solid enough to please the court. A lot of the time; we tend to exchange, transfer and reserve rights ephemerally...that is in a manner that is not strictly always 100% recognized by the law.
Gee; Perhaps we should change that; and encourage the reasonable adaptation and growth of Copyright to fairly address the challenges of the information age.
An AI cannot create without the human art. That is the difference.
It cannot replicate Rutkowski's style without using the products of his labor, directly. You can never feed it enough Monet, or Rockwell where it will suddenly start creating anything like Rutkowski's style because it does not have the capacity to do anything but regurgitate what it is shown.
This instance proves exactly how AI is not just like a human creating art. The fact that people had to put his work back into the data set shows that the AI is 100% dependent on human exploitation to create. Imagine if a car still needed the labor of 100 humans to run, and those humans were never compensated and could not opt out of being exploited.
What I think AI is revealing is that society has zero respect for the labor of artists, despite desperately wanting the product of that labor that they themselves cannot produce. They think they've found a way around the artist, but all it will do is create a chilling effect and there will be less and less unique and novel art released into the public sphere because tech bros finally think they've proven that "art is not a real job".
It's dystopian and antihuman to force artists to feed AI.
@raccoona_nongrata @fwygon
Rutowski, Monet, and Rockwell could also not create without human art.
All creativity is a combination of past creativity.
Even Monet.
Even Shakespeare.
Even Beethoven.
@selzero @raccoona_nongrata @fwygon But human creativity is not ONLY a combination of past creativity. It is filtered through a lifetime of subjective experience and combined knowledge. Two human artists schooled on the same art history can still produce radically different art. Humans are capable of going beyond has been done before.
Before going too deep on AI creation spend some time learning about being human. After that, if you still find statistical averages interesting, go back to AI.
@glenatron @raccoona_nongrata @fwygon
I mean, yes, you are right, but essentially, it is all external factors. They can be lived through external factors, or data fed external factors.
I don't think there is a disagreement here other than you are placing a lot of value on "the human experience" being an in real life thing rather than a read thing. Which is not even fully true of the great masters. It's a form of puritan fetishisation I guess.
@selzero @raccoona_nongrata @fwygon I don't think it's even contraversial. Will sentient machines ever have an equivalent experience? Very probably. Will they be capable of creating art? Absolutely.
Can our current statistical bulk reincorporation tools make any creative leap? Absolutely not. They are only capable of plagiarism. Will they become legitimate artistic tools? Perhaps, when the people around them start taking artists seriously instead of treating them with distain.
@glenatron @raccoona_nongrata @fwygon
This angle is very similar to a debate going on in the cinema world, with Scorsese famously ranting that Marvel movies are "not movies"
The point being without a directors message being portrayed, these cookie cutter cinema experiences, with algorithmically developed story lines, should not be classified as proper movies.
But the fact remains, we consume them as movies.
We consume AI art as art.
@selzero @raccoona_nongrata @fwygon I try not to consume it as art. There is plenty of original art by real artists. The averages of that dataset are less interesting to me than the original data points.
@selzero @glenatron @raccoona_nongrata @fwygon And thousands of people's creativity is in the Marvel movie, but one person hammering out a prompt on the AI art. They're still vastly different. Even the most banally corporate movie is still a work of staggering human creativity and _working together_.
Stable diffusion image generators are not.
@aredridel @glenatron @raccoona_nongrata @fwygon
Humans are also machines, biological machines, with a neurology based on neurons and synapse. As pointed out before, human "creativity" is also a result of past external consumption.
When AI is used to eventually make a movie, it will use more than one AI model. Does that make a difference? I guess your "one person" example is Scorsese's "auteur"?
It seems we are fetishizing biological machines over silicon machines?
@selzero @glenatron @raccoona_nongrata @fwygon no. Human relationships of cocreation over purely extractive ones. It’s not the biology (though humans have human relevant social drives simple algorithms don’t), it’s the relationships.
It’s obscuring that as if these clusters of Gpus care about creating and form relationships based on them that is so offensive.
@aredridel @glenatron @raccoona_nongrata @fwygon
I don't understand, can you elaborate please. How is it not biological?
@selzero @glenatron @raccoona_nongrata @fwygon it’s biological the way zoology is physics. Technically true but so deeply ignorant of the orders of magnitude of history and emergent complexity for that also to not be relevant. It’s a profoundly reductive way to look at things to the point of missing their fundamental nature.
@aredridel @glenatron @raccoona_nongrata @fwygon
So, a human being a link in the chain of this historical cultural development of creation, is "more valuable" than a machine doing that?
Who makes these rules?
There is some kind of value structure at play here that I have not been made privy to?
@doug @aredridel @glenatron @raccoona_nongrata @fwygon
So Doug what you are saying is one of these things takes in external data, processes it, synergies it, and exports a derivative version, and the other thing is the machine?
No wait, the other thing is the human?
... Wait...
@doug @aredridel @glenatron @raccoona_nongrata @fwygon
Imagination *IS* the processing of retained information to create a derivative.
@selzero @doug @glenatron @raccoona_nongrata @fwygon not just: it’s about relationships. Nearly all art is social.