As far as I know, this is Shutterstock opinion and there is no judge rules or new laws addressing the situation.
As far as I know, this is Shutterstock opinion and there is no judge rules or new laws addressing the situation.
As far as I know it’s even legal to study the style of one specific artist and create imitation art as long as it’s clear that this is a new artwork from a new artist and about ~50% different from any existing works.
So a prompt like “a photo of Times Square in the style of Ansel Adams” should be ~50%+ unique.
The trickiest area for these models might be prompts that recreate existing work.
Given a prompt like “a black and white photo of Yosemite Valley in the style of Ansel Adams”, if the model is too good, then it seems like copyright infringement.
But as far as training data goes, as long as it’s acquired legally, I don’t think it can (or should) be regulated.
I guess the main difference for me is the extent of human involvement.
For example, with Adobe there is a huge amount of human interaction required to get from idea to end result.
With DALL-E, you basically go from idea to end result instantly.
Difference being that the AI doesn't take inspiration, it takes raw data.
The mechanisms of human brain is indeed unknown to us. So how can we say with confidence that its underlying workings are this way or that way with certainty? We can only observe the inputs and outputs and do our best to compare the two. Which is the whole point of AI - to simulate the human brain (or what we can observe about it) to the best of our ability.