Why do people keep bringing up copyright anyway? It seems pretty clear that the images being generated by StableDiffusion are transformative so it's protected under Fair Use.
Am I missing something here?
Am I missing something here?
If you take a step back, you can see that there are different ways to frame what is happening. One frame is: “Defendant built an algorithm that memorized features of Plaintiff’s IP. Defendant’s algorithm recombines parts of those features in order to produce works in the same domain that compete with Plaintiff’s work, all without Plaintiff’s consent.”
Bear in mind that copyright holders are among the most litigious out there. If generative art becomes as big a deal as some people expect, they will have every incentive to use their huge litigation budgets to claim a piece of the action.
Because the law develops very slowly, the legal process has not yet had the occasion to really evaluate what transformative use means in this novel context. I’m personally interested in seeing where things go, but it’s going to be a while before we know where the law is headed.
The fun part is, this is how human artists learn too.
I don't think computer-generated works will be easily distinguishable from human unless they're desired to be or shipped with metadata. It's already hard enough to distinguish human artists from other human artists without having names attached up front.
Yes, and tracing counts as art fraud.
Collage is a bit different, because you are mixing many clones of many other objects such that you create a new object; additionally the way you assemble the clones may transform them (a photo of the mona lisa has different surface texture than a painted version, even more different if it is clipped from newsprint), but while the borders of this are not clear, it is clear when people are far enough over the border. Think of hip-hop, sampling, and remixing music, and some of the legal battles which have come out of that.
I just spit out my coffee, turns out I'm not a bad artist, I'm actually a fraudster!
Yeah I am sure a lot of lawyers are going to have a lot of fun arguing every way imaginable.
Deep learning is very powerful and impressive in its applications to date. However, it’s so saturated with hype (and humans are so prone to anthropomorphizing things) that it’s often viewed as something much more profound than it actually is. Neural networks, despite their name, don’t model the brain. And they lack a whole array of “intelligence” features that humans possess and use constantly.
All of this is to say that there are very significant differences between computer algorithms and human cognition, and I tend to think the legal system will be unpersuaded by arguments that ignore those differences.
Also, this is to say nothing of the public policy interests that shape the law. Regardless of what’s “under the hood,” the law can simply treat human and machine output differently. I’m not a copyright lawyer, of course, so I can’t speak to the norms or technicalities of copyright law itself.
There are a lot of things we don’t know, but it is not magic. There is no discussion that artificial neurones don’t have much in common with the real ones, which are very non-linear and much more connected. But in the end it’s all electrochemistry.
> Neural networks, despite their name, don’t model the brain.
But that’s not directly related to my point. My point that even in the case of a ML model, you cannot get an exact reproduction any more than you can get from a human’s memory. In one case it’s scrambled somewhere in someone’s brain, in the other on a hard drive but the difference is not really relevant. Subjecting an AI’s production to the copyrights of all the things it’s been exposed to is very similar to subjecting a painter’s production to the copyrights of all the painting they have seen.
That’s an element of a belief system you may choose to subscribe to, not a fact. It can’t be a fact because there’s no way to prove or disprove it.
> “My point that even in the case of a ML model, you cannot get an exact reproduction any more than you can get from a human’s memory.”
Not quite. ML models can and do memorize and regurgitate near-exact features of the inputs. It’s not the goal, but it happens.
Will the same image be legal if a human made it but not if it was created by Stable Diffusion? How will someone even know, short of a legal discovery process?
The model is open source and free for people to make their own modifications. I don't see how any watermark can survive in those conditions.
All this is super, super interesting to me. I don't think anybody really knows how it will play out, there's a lot of good arguments floating around.
In the (actual) neurons, is there a representation of real numbers? Where are the numbers in the brain stored?
I feel like people who assert this neither understand what neural networks are and how brains work.
None of these details are relevant to the bigger picture similarities of non-hardcoded learning from training data. None of these details change the ethics of what's being discussed here.
> I feel like people who assert this neither understand what neural networks are and how brains work.
That's just your bias showing.
Don’t they, though? What else do you think is behind the curtain if not mathematics?
We don't actually know exactly how human artists learn, and human artists are capable of innovation, nobody knew pointillism or Bauhaus before they were invented.
A little know fact is that for humans it takes a long long time to learn, while they learn, they develop a style, if they don't they are not "real" artists, but merely executors, artists evolve, sometimes dramatically, in unexpected ways [1] [2].
So for us humans learning is an experience, not just recombining parts of features of other things.
We are also highly influenced by feelings, unfortunately, so sometimes we do things a certain way because we felt that way, not because we wanted to paint that thing that way, or because we are not good enough to do exactly what we wanted to do.
Is Mona Lisa happy? Who can tell?
Was Leonardo happy when he painted it?
What was Leonardo thinking when he painted it?
What was happening in his life?
Is that the best smile Leonardo could paint or it's an enigma he put there for future generations?
These questions are more important for an artist than the mere features of the painting.
The philosophical question is: is art discovered or invented?
If it's discovered, then SD can generate art, if it's invented, than SD it's not even generative work, because to invent something from something else, you need inventiveness.
[1] Picasso 1896 https://mymodernmet.com/wp/wp-content/uploads/2018/01/pablo-...
[2] Picasso 1946 https://www.photo.rmn.fr/CorexDoc/RMN/Media/TR1/MS4GY/16-515...
If you tried learning, let's say, the chiaroscuro technique from Caravaggio you'd be analyzing the way the painter simulated volumetric space by using white and dark tones in place of natural lighting and shadows. You wouldn't even think of splitting the whole painting into puzzle size pieces while checking how many how those look similar when put close one another.
Given somewhat decent painting skills, you'd be able to steadily apply this technique for the rest of your life just by looking at a very small sample of Caravaggio's corpus.
On the other hand if you tried removing even just a single work from the original Stable Diffusion data set you used to generate your painting, it would be absolutely impossible to recreate a similar enough picture even by starting from the same prompt and seed values.
Given how smart some of the people working on this are, I'm starting to believe they're intentionally playing dumb to make sure nobody is going ask them to prove this during a copyright infringement case.
Both my parents (though retired now) were commercial artists. I was trying to be an artist at one point in my life before moving in Engineering and Science. All my parents friends are artists so I grew up around artists.
Ask any artist here who is using illustrator, Photoshop, Krita etc. How often do they google image search for textures, or reference images that gets incorporated into their artwork? The final artwork is their own but it may incorporate many elements from others artwork.
>If you tried learning, let's say, the chiaroscuro technique from Caravaggio.. You wouldn't even think of splitting the whole painting into puzzle size pieces while checking how many how those look similar when put close one another.
Ever seen hyperealistic pointillism?
Who are you to be the arbitrator of how an artists creates their work? Have you ever gone to a modern art gallery and seen all the different methods people use to create artwork?
Art is boundless and unique to each who creates it.
If a Artist uses a tool to create art, everyone agrees that is art. It could be a paint brush, clay, software on a computer etc etc. If an artist uses AI as a tool to create art then suddenly it's not art.
Why would you, though? If art is for the sake of art, then all art is valuable regardless of origin. If art is for the sake of providing human employment, AI being better in no way stops performative make-work from existing. If art is for the sake of copyright trolls to troll harder, then fuck art, feed it to the AI!
Your "logic" for making AI art illegal is basically "don't like it". Your personal and subjective opinion is that it's not art by definition.. This is like refusing to eat artificially grown meat because you have some strange idea about what food "should" be. Even if the meat was made MORE delicious you would still claim it wasn't food and turn it away. There's no logical consistency to your position, it's purely reactionary.
All this boils down to a simple fact that egos like to think of themselves (and of artistic interaction) much more than there actually is.
I remember a story when a literature teacher insisted on a definite symbolism of some minor detail in a novel. People contacted the author about it and he said no, there is nothing behind it. It was just a filler without any second thought. Makes you think how much symbolism is far-fetched in classics, where you cannot simply email an author.
What is not logically consistent is to claim that a black box utilizing statistical relationships between pixels in a giant dataset is an "artist" and that its products create "value".
The compiler is not a programmer, AI can never be an artist.
Step 1: Tweak settings and type text
Step 2: Look at the result
Step 3: If you like the result, go to step 4, otherwise go back to step 1.
Step 4: Save and share the result
Feels like art to me. Ultimately it's still a human using a tool to create art. For me AI art is just the name of the art style.
- It appears people can train AIs from scratch or at least fine-tune them at home.
- Even if your art isn’t in “the training set”, that does not prevent the AI from learning its style. (Someone can decode it to CLIP embeddings. It could have a really good text model trained on vivid art museum descriptions of your art.)
- The ability of an image model to generate your art means it could also be trained in reverse to recognize it, producing a caption model, which would give vision to the blind. And surely you’d feel bad about that.
You can also require cloud providers to enforce a ban on training (and deploying) such models, it's doable. Good luck training it in your basement, it will probably take you a decade.
If this is banned, it will become a lot like piracy - yes, it's available, no, most people (at least in the West) don't do it, practically no businesses do it.
Either use a CC0 set like Wikimedia/Flickr and throw in some dead artists like Brueghel, or train on data from a country we don’t respect the IP of. Lots of Taobao product photos out there. It’s enough.
As of about a week ago this tech runs on consumer GPUs. The weights have been downloaded 100s of thousands of times, and fine-tuning / modifying is possible.
Training from scratch is about $500k still, but it will only get cheaper and easier.
But I would not be surprised if this was trainable on a commercial GPU at home within that time. But I think another important trend that we are seeing is that you don't need to train these models from scratch.
Open-source "foundation models" means that you can usually get away with the much easier task of fine-tuning, as to not throw away / re-learn everything that these large models have already fit.
Edit: I initially said 2-5 years, but on more reflection this does seem optimistic (for training from scratch).
I don't know enough about diffusion models but if LLMs (of current size) have to use only public domain, they will be undertrained and we will see significant degradation in performance. Not to mention that Codex will be effectively dead.
What potentially human-creatable images have I just taken ownership of?
Let's extend: what if I claim IP ownership of every image which StableDiffusion could produce?
For example, it has previously been litigated that nobody has IP ownership of an image taken with a camera by an animal.
So when your image generator keeps spitting out Gettyimages watermarks, while you are building a service that is in direct competition with Gettyimages for stock images, there is an argument to be made that Fair Use really doesn't apply here. As what you are doing is essentially stealing Gettyimages' work, AI laundering it and selling it back to their previous customers.
With StableDiffusion a Fair Use defense might have an easier time, as the results are released to the public. But it's still not exactly clear cut. If you type in "Mona Lisa", you'll still get something that looks like a copy of the Mona Lisa, not like an original work.
I don't think SD will replace most top artists for now. It's hard for me to believe SD is going to come up with images like those from top concept artists. But I can imagine SD replacing lots of situations, like maybe stock photography, when you can just ask the AI to draw "people in front of whiteboard discussing sales chart"
Note: I am absolutely not a legal expert.
What's a similar thing that has come before this? I can't think of any, this is very novel. You'd want to wait for some rulings before you jump to conclusions.
As far as I understand it, this is still considered copyright infringement in most IP law systems. (If the samples aren't cleared)
It's also quite obvious just by looking at the generated images that it's clearly transformative. The images generated are unique and you can't trace the original copyrighted image from what's generated.
You really don't need a judge to see that Fair Use covers Stable Diffusion.
Or for written works, start with a sentance from a copyrighted work, or part of licensed code. Will it start reproducing that work word for word (like code pilot can do with the GPL license)? Getting these to generate copies of GPL'd, company owned, or other code with restrictions can lead to complex issues for the person/company using that code. Or likewise if a story contains significant elements of copyrighted works; worse if the works have trademarked elements.
Explain how you are not a copyright violating machine.
That might not always be true. I've gotten some results back that had the Getty watermark on them and others with the artist's signature. Unless the AI is adding that to images that never had one before (which might be a trademark issue), then you might be able to determine the provenance of the image components.
Is there something equivalent to the yellow dots printers add to their output that would survive the AI transformation?
Federal lawsuits are not cheap and the default is that you pay your own costs, you have to win the argument that you should get court costs & attorney's fees.