![]() The question of copyright infringement (I believe) should be only applied to entities with agency to (or not) ask for copyright infringing works. interesting as well as the entire legal saga of Eleanor.Ĭreating Interview with a Vampire fan fiction with Bing - Bing didn't have any agency. The later works are still under copyright in the United States.") is a copyright infringement. Recognition of fictional characters as works eligible for copyright protection has come about with the understanding that characters can be separated from the original works they were embodied in and acquire a new life by featuring in subsequent works.Ĭreating a work using Harry Potter or Darth Vader or Tarzan ("As of 2023, the first ten books, through Tarzan and the Ant Men, are in the public domain worldwide. > Copyright protection is available to the creators of a range of works including literary, musical, dramatic and artistic works. It's plausible that reinforced learning or some other part of training does imbue creativity into the process, but that doesn't seem obviously true to me. But current AI seem like math more than anything else. if you construct an AI that trains on random noise and produces images, those are clearly something you, the author of the AI's code, can claim copyright over. The creator of the AI might own the copyright for what it produces if constructing the AI was suitably creative, i.e. ![]() The model now can reproduce a fraction or the whole of the copyrighted work with some low probability. You compress a billion images down to a model. Just because I zip it up with a hundred other images doesn't mean the zipfile is free of your copyright.Įffectively, computers are executing math, and math by itself does not construct new copyright, since copyright is the result of a creative human process.Īs far as I can tell, current AI are fundamentally not too different from wildly complex compression algorithms. Just because I save your image as webp or jpeg or whatever doesn't mean I have changed the copyright. When you cover all the little edge cases, you end up with the seemingly overbroad clause most companies use.Īn important thing to remember is that the legal interpretation of a text can differ almost arbitrarily from the plain English meaning of the text as written.Ĭopyright law as it exists allows a creative process to create transformative works.Ĭomputers cannot create copyright. Or how about if it had been phrased "display on a monitor" had been used years back pre-smartphone era? You could be sued for making user uploaded media available to view on phones since that wasn't in the license granted to you by your users! ![]() The question then becomes how worth is narrowing the wording when you can accidentally paint yourself into a corner. some ML process to derive a 3d scene from images, or make them) exactly zero user uploaded images you store at that point could benefit from that until you go back and ask the user to agree to that too. There's also the risk that if you make the phrasing too narrow (specifying resizing of the image) then when a new tech comes along that's reasonable to apply (e.g. It works the other way too, if I wrote a eula that used different phrasing than what's been established prior, say to make it more obviously cover just the normal stuff for user uploaded images, summary judgement is less likely to succeed because no court had ever weighed in on my novel phrasing as covering those actions in that way. On the flip side, if someone is trying to apply the clause in a novel, not previously litigated way, you're way less likely to get that summary judgement and it will have to be argued in court. IANAL, and my jargon may be off, but I think that in the scenario where you get sued for something that's been litigated to fall under this clause in the past, you can basically say "even if we assume the evidence and claims are accurate, it's obviously in the clear based on prior cases", if the judge agrees, you win without going to trial, which is a "summary judgement" I think. If someone sues you for a use that hasn't been found in court to fall under this clause it will be more difficult to win that case. Only insofar as legal precedent has established it to mean that.
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