Comment on OpenAI's move to allow generating "Ghibly stlye" images isn't just a cute PR stunt. It is an expression of dominance and the will to reject and refuse democratic values. It is a display of power

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JustZ@lemmy.world ⁨3⁩ ⁨days⁩ ago

Thanks for that explainer. I thought the verbiage in the article was a little over the top.

However there is a point at which the “style” of the art is the thing that is copyrightable, sort of by implication.

The standard for proving a copyright violation where a defendant claims a transformative use or a derivative work is “substantial similar.”

For as long as I can remember that includes the overall presentation of the work, and it’s hard to describe that as anything other than a “style.”

The article draws a comparison that allowing copyright protection for styles would be like allowing copyrights for entire genres. I don’t think that’s right. Nobody could copyright all “landscape paintings” as a genre, but look at landscape works by Katsushika Hokusai, and that style, to me, is creative enough to warrant protection, if it were made originally in America today and not already in the public domain. And he didn’t invent woodblock prints or even woodblock prints of landscapes, but the way he did it is so unique as to be insperable from the copyrighted work itself and arguably deserving of protection simply for its advancement of the art.

If you made a woodblock print in the same style but used it to portray a scene typical in anime, rather than a landscape, that’s clearly transformative and derivative, but not substantially similar. If you use the style to make prints of waves breaking around Mt. Fuji, that’s substantially similar. So like, as to dude’s anime style, if you use the same style to make landscapes, certainly that’s not infringing, as it’s not substantially similar.

I also don’t see the threatening outcome the author suggests as worrisome. There are still exceptions for blatant copying that apply, mainly parody and fair use.

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