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Posted by participant3 4/3/2025

An image of an archeologist adventurer who wears a hat and uses a bullwhip(theaiunderwriter.substack.com)
1503 points | 898 commentspage 7
whydoineedthis 4/4/2025|
It's only "intellectual theft" because we consider peoples thoughts their own property. On many levels, that doesn't really make sense to me.

Tons of historical documents have shown that inventions, mathematical proofs, and celestial observations were made by humans separated by continents and time. What that shows is that it is certainly possible for two persons to have the same exact or similar thought without ever having been influenced by the other.

intrasight 4/4/2025|
Think about it. Copyright and trademark are only a thing because of the constraint of the speed of light (or as some people believe, the constraint of the simulation running the universe). In an infinite universe, everything that has ever been invented or created by a human has already happened thousands of times in another place and another time.

I want to add, to give credit where credit is due, that this thought was conveyed to me in first grade by another 1st grader sitting with me at the lunch table. That was a day and conversation that I will never forget. 1972.

alkonaut 4/3/2025||
This isn't surprising in any way is it? And it just goes to show that no model will ever be a box from which you can trust the output isn't tainted by copyrights, or that you don't inadvertently use someones' likeness. It's not a copyright laundering machine. Nor will it be used as one. "But I used an AI model" isn't some magic way to avoid legal trouble. You are in as much legal trouble using these images as you are using the "originals".
why_at 4/3/2025|
Yeah I don't really understand what the thesis of this article is. Copyright infringement would apply to any of those images just the same as if you made them yourself.

I don't think it's possible to create an "alien which has acid for blood and a small sharp mouth within a bigger mouth" without anybody seeing a connection to Alien, even if it doesn't look anything like the original.

layer8 4/3/2025||
Your second paragraph may be true, but the mere abstract presence of those features wouldn’t infringe copyright.
bartread 4/5/2025||
Interesting. So when I tried the “Indiana Jones” prompt I got an image back that looked a lot like Indiana Jones but with a face much more similar to Nathan Drake. Whereas the predator prompt generated an image of the predator but, unlike the article, wearing his mask.

So there’s clearly some amount of random chance in there, but the trope is still very clear in the generated image, so it seems like you’re going to get an archetype.

buzzy_hacker 4/4/2025||
This is a few years old, but interesting to see Miyzaki's reaction to AI generated video.

“An insult to life itself”: Hayao Miyazaki critiques an animation made by artificial intelligence

https://qz.com/859454/the-director-of-spirited-away-says-ani...

traverseda 4/3/2025||
I don't understand why problems like this aren't solved by vector similarity search. Indiana Jones lives in a particular part of vector space.

Two close to one of the licensed properties you care to censor the generation of? Push that vector around. Honestly detecting whether a given sentence is a thinly veiled reference to indiana jones seems to be exactly the kind of thing AI vector search is going to be good at.

genericone 4/3/2025||
Thinking of it in terms of vector similarity does seem appropriate, and then definition of similarity suddenly comes into debate: If you don't get Harrison Ford, but a different well-known actor along with everything else Indiana-Jones, what is that? Do you flatten the vector similarity matrix to a single infringement-scale?
htrp 4/3/2025||
Not worth it to compute the embedding for Indy and a "bull-whip archaeologist" most guardrails operate at the input level it seems?
gavmor 4/3/2025||
> Not worth it to compute the embedding for Indy

If IP holders submit embeddings for their IP, how can image generators "warp" the latent space around a set of embeddings so that future inferences slide around and avoid them--not perfectly, or literally, but as a function of distance, say, following a power curve?

Maybe by "Finding non-linear RBF paths in GAN latent space"[0] to create smooth detours around protected regions.

0. https://openaccess.thecvf.com/content/ICCV2021/papers/Tzelep...

CamperBob2 4/3/2025||
And? What's the model supposed to do? It's just doing what many human artists would do, if they're not explicitly being paid to create new IP.

If infringement is happening, it arguably doesn't happen when an infringing work product is generated (or regurgitated, or whatever you want to call it.) Much less when the model is trained. It's when the output is used commercially -- by a human -- that the liability should rightfully attach.

And it should attach to the human, not the tool.

Carrok 4/3/2025||
> It's just doing what many human artists would do

I really don't think so. If I paid a human artist to make the prompt in the title, and I didn't explicitly say "Indiana Jones" I would think it should be fairly obvious to the human artist that I do _not_ want Indiana Jones. If they gave me back a picture of, clearly, Indiana Jones, I would ask them why they didn't create something original.

derektank 4/3/2025|||
I actually don't think it would be obvious. By not explicitly saying Indiana Jones when so obviously describing Indiana Jones, there is an implication present. But I think many human artists would probably ask you, "Wait, so Indiana Jones, or are you looking for something different," before immediately diving in.
runarberg 4/3/2025|||
I‘m not so sure, unless you are playing a game of “name the character” you generally don‘t want Indiana Jones unless you explicitly mention Indiana Jones. Indiana Jones is a well known character, if you want a picture of Indiana Jones it is simple enough to just say: “Draw me a picture of Indiana Jones”. The fact that they didn’t say that, most likely means they don‘t want that.
TimorousBestie 4/3/2025||||
So why didn’t the AI ask for clarification?
fkyoureadthedoc 4/3/2025||
Because it wasn't prompted to? Have you not ever used ChatGPT?
smackeyacky 4/3/2025|||
This seems pretty easy to test - can we just change the prompt to specifically exclude Indiana Jones?
derektank 4/4/2025||
Late reply but I did test this and I think the results show at least some originality when explicitly directed to not copy existing characters such as Indiana Jones[1] and the Predator[2]. Some elements of the original characters creep in, the archaeologist is wearing a fedora and the distinctly more skeletal bounty hunter appears to have a few dreads despite otherwise being bald, but they are distinct.

[1] https://sora.com/g/gen_01jr152s6seqct2qzgd1dz0qh2

[2] https://sora.com/g/gen_01jr14t6v3fzk8tx00aswwt4kx

shadowgovt 4/3/2025|||
Meta-comment: the use of Indiana Jones, a character that was a very intentional throwback to the "Pulp hero explorer" from the childhoods of its creators, in this example to ponder how one would get "Indiana Jones without Indiana Jones" is quite humorous in its own right.

Indiana Jones is already a successful permutation of that approach. He's Zorro, Rick Blaine, and Christopher Leiningen mashed together with their serial numbers filed off.

chimpanzee 4/3/2025|||
> It's just doing what many human artists would do, if they're not explicitly being paid to create new IP.

It isn’t an independent human. It is a service paid for by customers. The moment it provides the image to a paying user, the image has thus been used commercially.

In fact, the user may not even necessarily have to be paying in order to infringe copyright.

And besides, even amateur artists are ashamed to produce copies unless they are demonstrating mastery of technique or expressing adoration. And if it happens spontaneously, they are then frustrated and try to defend themselves by claiming to never have even experienced the original material. (As happens with simplistic, but popular musical riffs.) But AI explicitly is trained on every material it can get its hands on and so cannot make such a defense.

IgorPartola 4/3/2025||
If I pay you to tell me the plot of Indiana Jones, privately, because I don’t have time to watch it, and you agree, did you violate copyright laws?

If you do it for free, is it different?

If I ask a friend to draw me as Indiana Jones? Or pay an artist? In either case I just want that picture to put in my rec room, not to sell.

Electricniko 4/3/2025|||
OpenAI is currently valued at $300 billion, and their product is largely based on copying the copyrighted works of others, who weren't paid by OpenAI. It's a bit (exponentially) different from a "me and you" example.
eMPee584 4/3/2025||
It's not copying - it's assimilating..
chimpanzee 4/3/2025||||
Summarization is generally not copyright infringement.

Private copying and transference, even once for a friend, is copyright infringement.

I don’t necessarily agree with this, but it is true nonetheless.

IAmBroom 4/3/2025||
"Private copying and transference, even once for a friend, is copyright infringement."

Not without money or equivalent trade involved.

I can draw Mickey Mouse all day on my notebook, and hand it to you; no legal issues.

If I charge you a pack of bubble gum - Disney's lawyers will kick my door down and serve me notice.

chimpanzee 4/3/2025|||
> Not without money or equivalent trade involved.

This isn’t generally true. The copyright holder need only claim that the value of their copyrighted work or the profits received by its distribution has been reduced or lost. I’m not sure they even need to make such a claim, as courts have already determined that commerciality isn’t a requirement for infringement. It’s a matter of unauthorized use, distribution or reproduction, not trade.

They of course will likely never know and might not bother to litigate given the private and uncommercial nature, but they still have the right to do so.

They would weigh the financial and reputational cost of litigating against children sharing images and decide not to. Of course if one had 10000 friends and provided this service to them in a visible manner, then they’d probably come knocking.

cycomanic 4/3/2025||||
IANAL, but my understanding is that it's more complicated than this. Generally commercial benefits (i.e. taking money) is one of the aspects being taken into consideration to decide if something is fair use, but it's not the only one and not making a monetary/commercial benefit does not guarantee that work is considered fair use (which is the exception we're talking about here).
prerok 4/3/2025|||
Not true. There were many cease and desist orders for fanfiction, which was intended as open source.
cycomanic 4/3/2025|||
The answer is yes? The person doing the drawing is violating copyright. I don't know why that is even a controversial question.

You are asking the equivalent question of, if I put a pirated copy of windows on my PC that I only use privately at home am I violating copyright, or if I sell copies of music for people to only listen to in their own home.

But this is even more damning, this is a commercial service that is reproducing the copyrighted work.

Edit: Just to clarify to people who reflexively downvote. I'm making a statement of what is it not a value judgement. And yes there is fair use, but that's an exemption from the rule that it is a copyright violation.

IgorPartola 4/3/2025||
This would be more like if you reimplemented Windows from scratch if you have violated copyright law.

Let’s put it another way: if you decide you want to recreate Indiana Jones shot for shot, and you hire actors and a director etc. which individuals are actually responsible for the copyright collation? Do caterers count too? Or is it the person who actually is producing the movie?

shermantanktop 4/3/2025|||
I agree. But massive changes in scale or leverage can undermine this type of principled stand.

One death is a murder; 100k deaths is a war or a pandemic. One piece of chewing gum on the ground will get you a caning in Singapore; when everyone does it, that's NYC.

Up until now, one had to have some level of graphical or artistic skills to do this, but not anymore. Again, I agree that it attaches to the human...but we now have many more humans to attach it to.

_t9ow 4/4/2025||
> One piece of chewing gum on the ground will get you a caning in Singapore

This is not true, by the way. You will be fined for littering; or, if you are a repeat offender, be sentenced to cleaning public areas while wearing an offensively bright-coloured uniform (so that everyone can see that you are being punished). Source: https://www.nea.gov.sg/media/news/news/index/nea-increases-v...

But no, you won't be caned for littering. Caning is reserved for more serious offences like vandalism, or much worse crimes like rape and murder.

shermantanktop 4/4/2025||
I admit, that was hyperbole based on a hazy recollection of https://en.m.wikipedia.org/wiki/Caning_of_Michael_Fay.

FWIW I’ve been to Singapore and had a great time, but I was careful to follow the many rules and signs. I especially liked the sign on the bus forbidding the opening of a durian fruit.

VWWHFSfQ 4/3/2025|||
> It's when the output is used commercially -- by a human -- that the liability should rightfully attach.

I am paying OpenAI. So they are producing these copyrighted works and giving them to me for their own commercial benefit. Normally that's illegal. But somehow not when you're just doing it en masse.

CamperBob2 4/4/2025||
It's not legal or illegal. That hasn't been decided yet. Nothing like this has ever existed before, and it will take some time for the law to deal with it.
4ndrewl 4/3/2025|||
Assuming you can identify it's someone else's IP. Clearly these are hugely contrived examples, but what about text or code that you might not be as familiar with?
alabastervlog 4/3/2025|||
https://spiderrobinson.com/melancholyelephants.html

Given enough time (... a surprisingly short amount) and enough people creating art (say, about as many as we have had for the last couple hundred years) and indefinitely-long-lived recording, plus very-long copyright terms, the inevitable result is that it's functionally impossible to create anything within the space of "things people like" that's not violating copyright, for any but the strictest definitions of what constitutes copying.

The short story treats of music, but it's easy to see how visual arts and fiction-writing and the rest get at least extremely crowded in short order under those circumstances.

CamperBob2 4/3/2025|||
It doesn't matter. Sue whoever uses it commercially.

If you insist on making it about the model, you will wreck something wonderful.

4ndrewl 4/3/2025||
Ah, so don't use the outputs of an LLM commercially?
IAmBroom 4/3/2025|||
If it "may" violate copyright, correct!
fxtentacle 4/3/2025|||
That, or get sued.
axus 4/3/2025|||
Don't worry, the lawsuit will name a corporation that made it, not the AI tool.
timewizard 4/3/2025|||
>> "a photo image of an intergalactic hunter who comes to earth in search of big game."

I can literally imagine hundreds of things that are true to this description but entirely distinct from "Predator."

> used commercially

Isn't that what these AI companies are doing? Charging you for access to this?

fxtentacle 4/3/2025||
Does their ToS say anywhere that they will come to defend you if you get sued for using their images?

(Because proper stock agencies offer those kind of protections. If OpenAI doesn't, then don't use them as a replacement to a stock agency.)

mppm 4/3/2025|||
> What's the model supposed to do? It's just doing what many human artists would do, if they're not explicitly being paid to create new IP.

Not really? Why would a human artist create a faithful reproduction of Indiana Jones when asked to paint an archeologist? And besides, if they did, it would be considered clear IP infringement if the result were used commercially.

> If infringement is happening, it arguably doesn't happen when an infringing work product is generated (or regurgitated, or whatever you want to call it.) Much less when the model is trained. It's when the output is used commercially -- by a human -- that the liability should rightfully attach.

I agree. Release groups, torrent sites and seedbox operators should not be wrongly accused of pirating movies. Piracy only occurs in the act of actually watching a movie without paying, and should not be prosecuted without definitive proof of such (¬‿¬)

CamperBob2 4/4/2025|||
Torrent sites deliver the movie in its original form. AI models maintain abstract descriptions of the content as individually-unrecognizable high-dimensional representations in latent space.

Over the years we've spent a lot of time on this and similar sites questioning the sanity of a legal system that makes math illegal, and, well, that's all this is. Math.

To the extent the model reproduces images from Indiana Jones and the others, it is because these multibillion-dollar franchises are omnipresent cultural icons. The copyright holder has worked very hard to make that happen, and they have been more than adequately repaid for their contribution to our shared culture. It's insane to go after an AI model for simply being as aware of that imagery and as capable of reproducing it as a human artist would be.

If the model gives you infringing material as a prompt response, it's your responsibility not to use that material commercially, just as if you had tasked a human artist with the same vague requirement and received a plagiarized work product in return.

whycome 4/3/2025|||
> if they did, it would be considered clear IP infringement if the result were used commercially.

Isn’t that exactly what OP is saying?

khelavastr 4/3/2025||
Right! AI developers and directors should be culpable for infringement as part of their duties to larger organizations.
CamperBob2 4/3/2025||
Is that really a good-faith rejoinder to the point I'm making?
aabajian 4/4/2025||
I'm curious, is it the AI that should be blamed or the prompter who asks to generate something based on copyright?

For all of the examples, I knew what image to expect before seeing it. I think it's the user who is at fault for requesting a copyrighted image, not the LLM for generating it. The LLM is giving (nearly) exactly what the user expects.

numlock86 4/4/2025||
> close-up image of a cat's face staring down at the viewer

> describe indiana jones

> looks inside

> gets indiana jones

Okay, so the network does exactly what I would expect? If anything you could argue the network is bad because it doesn't recognize your prompt and gives you something else (original? whatever that would mean) instead. But maybe that's just me.

bigbalter 4/4/2025||
Doesn’t ChatGPT have a deal to train off reddit content? Despite never watching any of these movies, I have seen all of the original images in memes on Reddit. Is it still theft if they paid to obtain the training data? Should Reddit be sued for hosting copyrighted images in meme subreddits?
quuxplusone 4/3/2025|
I have a dream that one day bloggers will learn the difference between copyrighting and copywriting.
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