this post was submitted on 26 Jan 2024
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It is a point against those "it's just like humans learning" arguments.
I mean if you asked a human to draw a copyrighted image you would also get the copyrighted image. If the human had seen that copyrighted image enough times they might even have memorised The smallest details and give you a really good or near perfect copy.
I agree with your point but this example does not prove it.
No human could draw this image! Aside from the tons of humans who have. And a bunch of other scenes from popular media. Oh my god I think humans can learn what an image looks like and recreate it from memory. Oh shit, this ruins everything, somehow.
...and they are also infringing copyright if they have not been given a right to copy that work.
Maybe you weren't trying to make the point I thought you were.
I assumed you were trying to say that a human can draw a picture of (for example) the Joaquin Phoenix Joker and not be committing copyright infringement, therefore an AI can do the same. I was pointing out that the basis of that argument is false. A human drawing that would be infringing the copyright.
Not from memory, without looking at the original during painting - at least not to this level of detail. No human will just incidentally "learn" to draw such a near-perfect copy. Not unless they're doing it on purpose with the explicit goal of "learn to re-create this exact picture". Which does not describe how any humans typically learn.