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Comment on Japan determines copyright doesn't apply to LLM/ML training data

Thanks for your response. I realize I muddied the waters on my question by mentioning exact copies.

My real question is based on the ‘everything is a remix’ idea. I can create a work ‘in the style of Banksy’ and sell it. The US copyright and trademark laws state that a work only has to be 10% differentiated from the original in order to be legal to use, so creating a piece of work that ‘looks like Banky, but not done by Banksy’ is legal.

So since most AI does not create exact copies, this is where I find the licensing argument possibly weak. I really haven’t seen AI like MidJourney creating exact replicas of works - but admittedly, I am not following every single piece of art created on Midjourney, or Stable Diffusion, or DALL-E, or any of the other platforms, and I’m not an expert in the trademarking laws to the extent I can answer these questions.

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abhibeckert@lemmy.world ⁨10⁩ ⁨months⁩ ago

The US copyright and trademark laws state that a work only has to be 10% differentiated from the original in order to be legal to use

I’m pretty sure the law doesn’t say that.

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Silentiea@lemm.ee ⁨10⁩ ⁨months⁩ ago

I really haven’t seen AI like MidJourney creating exact replicas of works

I don’t have a source to cite, but I did read an article that showed a bad faith actor deliberately trying to use ai to copy images directly, and while the results weren’t exact replicas, they were reasonable facsimiles of the original, to the extent that if a human has created it without ai, it would have been blatant copyright infringement, despite not being quite identical.

I wish I had the examples on hand to show, but it was months ago, and unfortunately I have not the skills nor time to retrieve it.

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