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this post was submitted on 30 Jul 2023
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Technology
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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 This is absolutely correct!