Posted by at1as 3 days ago
At a human scale, those boundaries get clarified through litigation on a case by case basis once an infringement becomes large or obvious enough. But there has always been a gray area around when a derivative work crosses the line into infringement.
And AI didn’t create that ambiguity, it just pushed it to a more extreme scale
The way I see it, the original problem, which stands the test of time, is when copies are made and/or sold by somebody who is taking credit for the original work without giving credit to the actual creator.
Anything less needs to be much more realistically reflected as very minor by comparison.
The problem is that AIs don't have rights. So you literally can't treat it the same.
If I "make" something in a way I'm not allowed to (e.g. copying), the law will go after me. If AI makes something I'm not allowed to, I can just say "whoopsie doodle", blame the AI, and there are no repercussions for anyone.
"I twist the truth, i rule the world"...
Tell this to kids raided by BSA for downloading pirated Microsoft and Adobe programms.
It never made sense to me that just because you drew a shitty picture of a mouse, somehow I’m no longer allowed to do that.
Is this even true? It might violate a trademark, but I don't think it would violate copyright law unless it was a copy of an existing picture.
For example, if you rent a movie, you can watch it with your family. Nobody is going to sue you for distributing the movie with 5 people in your room. That's pure nonsense. Same with music, books, etc.
If you try to play the movie in an establishment with dozens of people, then it can become a problem, because you're essentially a theater now.
I'm not a lawyer so I don't know what the law is on selling fan art on a convention or even privately commissioned fan artwork. But things aren't as draconian as people assume it is.
So if you draw sonic in your living room you are indeed creating an unauthorised derivative work. And someone can call it an unauthorised derivative work. And the only reaction that should induce is raising an eyebrow and replying “ok?”
Fixed that for you.
Money, money broke copyright.
Remember the DMCA?