It seems it is possible to generate images which are very similar to the existing stock photos if you feed getty images' description into DALL-E.
I tried it with a distinctive banana image:
I tried it with a distinctive banana image:
> Different runs can generate different size, orientation and placement of the bananas, as well as different shades of pink.
At that point it's definitely the curation causing any possible derivation. The image generator is innocently doing what you ask in an unbiased way.
You can't copyright an idea.
Another example, picking a random image from the Getty Images site. "A young parkour flips through the city,guangzhou,china, - stock photo":
The images are obviously different, but it appears that DALL-E maps the getty images description to similar tone, similar perspective, similar background, and similar weather conditions. I'm sure there are thousands of possible backdrops in Guangzhou, and many ways to show a parkour flip. Even in the Google image search results there's more variance than in the output of DALL-E.
So you can't copyright an idea, but you can certainly scrape a copyrighted DB with image metadata, and use it to create your own product. My point is that DALL-E itself might be a derivative work of Getty Images and thousands of other online catalogs.
Fun times ahead