Mon, Nov 25, 10:13 AM CST

AI art generators targeted in lawsuit for intellectual property theft

Jan 18, 2023 at 09:00 am by gToon


A recent class action lawsuit filed by The Joseph Saveri Law Firm LLP on behalf of three working artists claim that the AI Art Generating engine Stable Diffusion used billions of copyrighted artists' work without their permission. 
 
Stability AI, Midjourney, and Deviant Art all have AI Generator engines built on Stable Diffusion. The lawsuit claims that these companies are profiting off of the work of billions of artist's work. Stable Diffusion uses art scraped from millions of sites on the web that feature artists' works 
 
"AI needs to be fair and ethical for everyone," said lawyer/programmer Matthew Butterick. "But Stability AI, Midjourney, and DeviantArt are appropriating the work of thousands of artists with no consent, no credit, and no compensation. As a lawyer who is also a longtime member of the visual arts community, it's a pleasure to stand up on behalf of fellow artists and continue this essential conversation about how we the people want AI to coexist with human culture and creativity."
 
The lawsuit aims to protect artists from having their work used for profit using the same laws that protect streaming music services. The webpage for the lawsuit makes for fascinating reading. 
 
 
Sections: Industry News

Comments

It will be interesting to see how this plays out. I've noticed that some AI generators insert living artists' names in to their prompt words without the user knowledge. To me, that is a violation of the artists' intellectual property rights, that being their name/trademark. As to things like "in the style of _____ " might be difficult to argue the artist being named is being wronged. However, when it is obvious the Ai diffusion results look just like something that artist would have created, that could be a stick point. According to LegalZoom, "The creator of the derivative work owns the copyright to the derivative work. This can either be the creator of the original work, or someone else who has obtained a derivative work license from the holder of the original copyright. The copyright of a derivative work is separate from the copyright to the original work." The big "HOWEVER" is given by the US Copyright office in the examples of what constitutes a derivative work. Those examples, when it comes to visual art are: • A sculpture based on a drawing • A drawing based on a photograph • A lithograph based on a painting Thus, an image that looks like a Thomas Kinkade work, but resembles none of his actual work except for the style, is NOT a derivative work. However, something done, for example, in the style of Van Gough but is identical to a Kinkade painting as to the subject matters in the painting IS a derivative work. It's not a violation of copyrights to copy someone's style. It is also very important to note that in the USA, any Ai generated art is automatically in the public domain. That means, as much work as someone puts in to an Ai diffusion, they cannot claim copyright. Thus, I have zero claim on all of my Ai posts. Yes, I provided the prompt words, and sometimes a seed image, but the result of that Ai diffusion is fair game for anyone to take and use however they want... and that is where diffusions that are obviously derivatives of copyrighted work become the basis of these lawsuits. P.S. I am not a lawyer, just one who has studied copyright laws in order to protect my personal work when I had a portrait studio... and I was an associate professor at Golden Gate University who had to deal with a juris doctorate students (and what a pain in the but they were when it came to their whining about getting a low grade.)
Those are all excellent points, db. I wonder if the judge will be as sensible as you though
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