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jauntywundrkind ◴[] No.43575060[source]
Obviously a horrible hideous theft machine.

One thing I would say, it's interesting to consider what would make this not so obviously bad.

Like, we could ask AI to assess the physical attributes of the characters it generated. Then ask it to permute some of those attributes. Generate some random tweaks: ok but brawy, short, and a different descent. Do similarly on some clothing colors. Change the game. Hit the "random character" button on the physical attributes a couple times.

There was an equally shatteringly-awful less-IP-theft (and as someone who thinks IP is itself incredibly ripping off humanity & should be vastly scoped down, it's important to me to not rest my arguments on IP violations).... An equally shattering recent incident for me. Having trouble finding it, don't remember the right keywords, but an article about how AI has a "default guy" type that it uses everywhere, a super generic personage, that it would use repeatedly. It was so distasteful.

The nature of 'AI as compression', as giving you the most median answer is horrific. Maybe maybe maybe we can escape some of this trap by iterating to different permutations, by injecting deliberate exploration of the state spaces. But I still fear AI, worry horribly when anyone relies on it for decision making, as it is anti-intelligent, uncreative in extreme, requiring human ingenuity to budge off its rock of oppressive hypernormality that it regurgitates.

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littlecranky67 ◴[] No.43575193[source]
But I can hire an artist and ask him to draw me a picture of Indiana Jones, he creates a perfect copy and I hang it on my fridge. Where did I (or the artist) violate any copyright (or other) laws? It is the artist that is replaced by the AI, not the copyrighted IP.
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rdtsc ◴[] No.43575785[source]
> But I can hire an artist and ask him to draw me a picture of Indiana Jones,

Sure, assuming the artist has the proper license and franchise rights to make and distribute copies. You can go buy a picture of Indy today that may not be printed by Walt Disney Studios but by some other outfit or artists.

Or, you mean if the artist doesn't have a license to produce and distribute Indiana Jones images? Well they'll be in trouble legally. They are making "copies" of things they don't own and profiting from it.

Another question is whether that's practically enforceable.

> Where did I (or the artist) violate any copyright (or other) laws?

When they took payment and profited from making unauthorized copies.

> It is the artist that is replaced by the AI, not the copyrighted IP.

Exactly, that's why LLMs and the companies which create them are called "theft machines" -- they are reproducing copyrighted material. Especially the ones charging for "tokens". You pay them, they make money and produce unauthorized copies. Show that picture of Indy to a jury and I think it's a good chance of convincing them.

I am not saying this is good or bad, I just see this having a legal "bite" so to speak, at least in my pedestrian view of copyright law.

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1. alphan0n ◴[] No.43577525[source]
That’s not how copyright law works.

Commissioned work is owned by the commissioner unless otherwise agreed upon by contract.

So long as the work is not distributed, exhibited, performed, etc, as in the example of keeping the artwork on their refrigerator in their home, then no infringement has taken place.

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2. rdtsc ◴[] No.43577834[source]
> Commissioned work is owned by the commissioner unless otherwise agreed upon by contract.

I think the LLM example is closer to the LLM and its creator being like a vendor selling pictures of Indiana Jones on the street corner than hiring someone and performing work for hire. Yes, if it was a human artist commissioned to create an art piece, then yeah, the commissioner owns it.

3. Velorivox ◴[] No.43578364[source]
As far as I know, if you're speaking of the United States, the copyright of commissioned work is owned by the creator, unless otherwise agreed upon specifically through a "work made for hire" (i.e. copyright transfer) clause in the contract.
4. Retric ◴[] No.43579141[source]
Ownership of artwork is independent of copyright infringement. Derivative works qualify for their own independent copyright, you just can’t sell them until after the original copyright expires.

Just because I own my car doesn’t mean I can break the speed limit, these are orthogonal concepts legally.

5. Terr_ ◴[] No.43579301[source]
> [If commissioning some work and] keeping the artwork on their refrigerator in their home, then no infringement has taken place.

I'd like to push back on this: Is that legally true, or is it infringement which just happens to be so minor and under-the-radar that nobody gets in trouble?

Suppose there's a printer in my room churning out hundreds of pages of words matching that of someone's copyrighted new book, without permission.

That sure seems like infringement is happening, regardless of whether my next step is to: (A) sell it, (B) sell many of it, (C) give it away, (D) place it into my personal library of other home-printed books, or (E) hand it to someone else who paid me in advance to produce it for them under contract.

If (A) is infringement, why wouldn't (E) also be?

6. mrkstu ◴[] No.43604953[source]
Yep, my parents commissioned an oil back in the 70s that was a near duplicate of another artist's painting- they couldn't have afforded the original artist, so he has not lost anything and the painter did the painting as a hired work, so legally I doubt any law was broken.

Hangs on my wall now- I know I can never sell until the copyright on the original runs out (which it most likely won't in my lifetime) it but it is a very well done painting and a family legacy piece I am glad exists.