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Facebook Is Being Overrun With Stolen, AI-Generated Images That People Think Are Real
(www.404media.co)
This is a most excellent place for technology news and articles.
So? its not stealing.
They are taking an artist work and reproducing it - changed slightly. If you did that to a Disney work (AI or not) would they consider it copyright or fair use?
Disney considering it one way or the other doesn't mean anything, legally speaking. It's not so much about "used a reference" -- you can take a movie still-frame and make an oil painting of it and it'll be your work. It's about that how the spammers use AI doesn't have sufficient artistic intent, sweat of the brow, whatever your local standard is, to actually give you copyright over its output, as such it's as if you had simply photocopied the thing. It certainly is possible to use AI in a way that gives you copyright over its output, even with img2img, but those people ain't doing it. It's also possible to photocopy that still-frame in a way that gives you copyright, e.g. if you collage and otherwise transform it in an artistic manner.
Dual copyright is a thing, if your work is not sufficiently transformative (for example if you retain enough substantial original features that it's clearly recognizable) then it can be infringing if the original even if your changes is under your copyright.