Comments by "Chris Machabee" (@chrismachabee3128) on "The AI Advantage"
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Regarding the artist's copyright suit. It is a copyright violation if you use someone else copyrighted information, and this is key, to making money. Inserting someone's name and having a computer program produce a work of art in a style is not copyright infringement. It has to be a specific work of art that is used and infringed upon, and your name is not considered a work of art for a copyright claim.
Now people who use copyrighted works, like Spider-man, and cartoon and comic characters are traipsing up to the line. If they make stuff to sell, they may have all the profit turned over to the complainant plus get a fine. You can't copy copyrighted material and sell it. So, if you have a fantastic modified picture of Spider-man, that's fine, you can keep it for yourself but you cannot sell it. That is against the law.
Unfortunately, these artists do not have a case, this is digital law that has not been written. When you write a prompt, more than one instruction is inputted, and no matter what you put in you have no idea what will be produced. You have no case in being a small part of computer instruction, there is no law for that and most likely there will be no law, to get that deep in the weeds.
Just because something looks like it is in your style, doesn't that it is infringing, and if it looks that way, that is not actionable in law. This whole thing is new we are in new territory and like the Wild Wild West, everything is open.
The only thing illegal is using a published, copyrighted item and selling it. Names, unless they are copyrighted, are not illegal to use. I can't verbalize how it could be stopped, because I am not on that side. The University of Pennsylvania, 2 semesters of copyright law. Not a lawyer, but I have a tendency to think like one. We live in a litigious society. In my opinion, Midjourney, and others are safe, for now.
For the question, you didn't ask, why was it a mistake to sue in federal court? Because if you lose you can be ordered to pay the other side's law bills. In addition to the law, lawyers are billing experts, and a case can rack up a ton of hours, especially if there is a team working. So, this artist(s) must be rich, because if they lose it's going to cost them a lot of money.
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