We can design and produce any kind of photo you want.
No need to sort through thousands of photos.
Hmmmm....
Hypothetical
Can it be done?
Actually, Getty Images is suing at least one of the AI image program companies for copyright infringement based on the use of Getty image scans in the software database.
So, you say I may be able to sue if any of my images are used?.
MDI Mainer wrote:
Actually, Getty Images is suing at least one of the AI image program companies for copyright infringement based on the use of Getty image scans in the software database.
Bet they lose based on Fair Use.
In a very busy collage of very many small images, Fair Use applies. Now extrapolate that out a gazillion fold.
User ID wrote:
Bet they lose based on Fair Use.
In a very busy collage of very many small images, Fair Use applies. Now extrapolate that out a gazillion fold.
But if they’re using those images to generate stock images for commercial use it wouldn’t apply.
jlg1000
Loc: Uruguay / South America
User ID wrote:
Bet they lose based on Fair Use.
In a very busy collage of very many small images, Fair Use applies. Now extrapolate that out a gazillion fold.
Did you ever read the EULA you agree once you sign up to cloud service?
Or the "updated versions" of it, you get from time to time?
AI is by no way a collage of images, nor use the to create new ones... .
Google, Adobe and others use the images to train the AI, then the AI creates new images or or the smart filters of Photoshop, etc.
I'm not saying that they will loose or win the lawsuit... That will depend on the skills and competence of the lawyers and the justice
Since AI art is a new thing, there really is no legal precedent that would say using scanned images from others is (or is not) "fair use."
There is a recognized "de minimis" defense but the question would be whether that's applicable to the scanned images individually, or to the totality of all the images scanned into the database.
At any rate this will be an interesting legal dispute.
https://fairuse.stanford.edu/overview/fair-use/four-factors/
SuperflyTNT wrote:
But if they’re using those images to generate stock images for commercial use it wouldn’t apply.
Stock images would cease. Images would be uniquely custom made to order from a humongous data pool. The entire Getty is barely a needle in a whole hayfield of data. How much Getty data might really contribute to any given AI image ? None that could ever be found. Easier to find a doppleganger Elvis on some exoplanet in another galaxy where his records spin counter clockwise.
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