> I disagree - I think that AI generative art is an easy case of copyright infrigement and an easy win for a bunch of good lawyers.
> That’s because you can’t find an artist for a generated picture other than the ones in the training set.
First, that’s clearly not true when you are using ControlNet with the input being human generated, or even img2img with a human generated image, but second and more importantly…
> If you can’t find a new artist, then the picture belongs to the old ones, so to speak.
That’s not how copyright law works. The clearest example (not particularly germane to the computer generation case, but clearly illustrative of the fact that “can’t find another artist” is far from dispositive) is Fair Use noncommercial timeshifting of an existing work: it is extremely clear there is no artist but that of the original work, and yet it is not copyright infringement.
> I really dont see what’s difficult with that case.
You’ve basically invented a rule of thumb out of thin air, and observed that it would not be a difficult case if your rule of thumb was how copyright law works.
Your observation seems correct to that extent, the problem is that it has nothing to do with copyright law.
> I think the internet assume a bit to quickly it’s a difficult question and a grey area when maybe it just isn’t.
IP law experts have said that the Fair Use argument is hard to resolve.
Assuming the lawsuits currently ongoing aren’t settled, we’ll know when they are resolved what the answer is.