this post was submitted on 12 Jul 2024
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Transformation is in itself fair use is the thing. Ytp doesnt need to be parody or critique or anything else, because its fundamentally no longer the same product as whatever the source was as a direct result of editing
Still, the AI model itself is not transformative, it is merely incorporating that data into its training set.
But what it outputs IS transformative, which- of course- is the e primary use
If I include an image of mickey mouse (ripped straight from disney) in my application in a proprietary compression format, then the application decompresses that image and changes the hue (or whatever other kind of modification), then these are technically "transformations" but they're not transformative.
The law being violated there is trademark, not copyright
No it isn't. The image of mickey mouse was literally copied (hence copyright, literally right to copy). Regardless, that's still IP law being violated so I don't know how that helps your case.
If you arent calling it mickey mouse, it would actually be fine from a copyright perspective. What youd get sued for is the character design itself being too similar, which is a trademark/IP issue