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djoldman ◴[] No.43577414[source]
I don't condone or endorse breaking any laws.

That said, trademark laws like life of the author + 95 years are absolutely absurd. The ONLY reason to have any law prohibiting unlicensed copying of intangible property is to incentivize the creation of intangible property. The reasoning being that if you don't allow people to exclude 3rd party copying, then the primary party will assumedly not receive compensation for their creation and they'll never create.

Even in the case where the above is assumed true, the length of time that a protection should be afforded should be no more than the length of time necessary to ensure that creators create.

There are approximately zero people who decide they'll create something if they're protected for 95 years after their death but won't if it's 94 years. I wouldn't be surprised if it was the same for 1 year past death.

For that matter, this argument extends to other criminal penalties, but that's a whole other subject.

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noduerme ◴[] No.43578932[source]
You're conflating trademark with copyright.

Regardless, it's not just copyright laws that are at issue here. This is reproducing human likenesses - like Harrison Ford's - and integrating them into new works.

So if I want to make an ad for a soap company, and I get an AI to reproduce a likeness of Harrison Ford, does that mean I can use that likeness in my soap commercials without paying him? I can imagine any court asking "how is this not simply laundering someone's likeness through a third party which claims to not have an image / filter / app / artist reproducing my client's likeness?"

All seemingly complicated scams come down to a very basic, obvious, even primitive grift. Someone somewhere in a regulatory capacity is either fooled or paid into accepting that no crime was committed. It's just that simple. This, however, is so glaring that even a child could understand the illegality of it. I'm looking forward to all of Hollywood joining the cause against the rampant abuse of IP by Silicon Valley. I think there are legal grounds here to force all of these models to be taken offline.

Additionally, "guardrails" that prevent 1:1 copies of film stills from being reprinted are clearly not only insufficient, they are evidence that the pirates in this case seek to obscure the nature of their piracy. They are the evidence that generative AI is not much more than a copyright laundering scheme, and the obsession with these guardrails is evidence of conspiracy, not some kind of public good.

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FeepingCreature ◴[] No.43579108[source]
Human appearance does not have enough dimensions to make likeness a viable thing to protect; I don't see how you could do that without say banning Elvis impersonators.

That said:

> I'm looking forward to all of Hollywood joining the cause against the rampant abuse of IP by Silicon Valley.

If you're framing the sides like that, it's pretty clear which I'm on. :)

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noduerme ◴[] No.43579176[source]
Interesting you should bring that up:

https://www.calcalistech.com/ctechnews/article/1517ldjmv

Loads of lawsuits have been filed by celebrities and their estates over the unauthorized use of their likeness. And in fact, in 2022, Las Vegas banned Elvis impersonators from performing weddings after a threat from the Presley estate's licensing company:

https://www.dailymail.co.uk/news/article-10872855/Elvis-imag...

But there are also a couple key differences between putting on a costume and acting like Elvis, and using a picture of Elvis to sell soap.

One is that a personal artistic performance could be construed as pastiche or parody. But even more importantly, if there's a financial incentive involved in doing that performance, the financial incentive has to be aligned more with the parody than with drawing an association to the original. In other words, dressing up as Elvis as a joke or an act, or even to sing a song and get paid to perform a wedding is one thing if it's a prank, it's another thing if it's a profession, and yet another thing if it's a mass-marketing advertisement that intends for people to seriously believe that Elvis endorsed this soap.

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1. hinkley ◴[] No.43584913[source]
I can remember two ad campaigns with an Elvis impersonator, and they used multiple people in both of them. I think we can safely assume that if you represent multiple people as a specific public figure, that a reasonable person must assume that none of them are in fact that person.

Now of course that leaves out concerns over how much of advertisement is making money off of unreasonable people, which is a concern Congress occasionally pays attention to.