this post was submitted on 11 Jul 2023
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Yes, and personal use exists so that people who are not profiting in any way off of someone else's copyright are not chargeable under copyright law. Hence why I can download a jpg of an artists painting and that action alone is not breaking any law.
If my AI is not being used to make money, and it is also not being used to slander someone or harass someone, then what law exactly would I be breaking? How would I be harming someone else, by having an AI that I use solely personally and am in no way benefiting from? Can you sue someone for taking a DVD, ripping it, and then rearranging the scenes in a new video file? Have they broken a law solely by creating a derivative work using the original material, even if that work is not making them money and they are commiting no other crime using that work?
That would be news to me. Could you give a source for that? Because it'd mean I would be allowed to copy movies, music etc. for my "personal use" and also give them away because I'm not seeking profit, right?
Copyright extends everywhere, no matter what use. There are certain specific limits such as licenses, fair use and private copies but outside of those, no, you may not make a copy and yes, even loading a file into memory counts as "making a copy".
How could you save a png then? We're talking about digital files where you can absolutely copy a file without facing any legal repercussions for doing so. Copy paste is the same as making a copy of a work and would make sense under copyright law to be illegal. But its not because that's ridiculous, and no one will ever be charged for going to Google image search and looking at a copyrighted picture on the screen. Its also not illegal for humans to learn from the art of someone else and then create similar art. I dont know how you can or would be able to even detect that someone has trained an AI for this purpose. Training modern AI with pre-made models to draw a specific person or character in a specific art style is trivial. Its hard to do it if you're unfamiliar but it requires very few training materials to become very effective. ControlNet and LORA have made this possible. So how could you even tell if someone made such a model, they've only downloaded a dozen pictures and there is no effective way to tell that they've then trained this model. It would have to come down to their creations being noticeable enough to charge them. Either through profiting from it or by posting that content online.
Personal use is a misnomer by me, what I meant was fair use.
A PNG of what? Copyrighted material? Depending on what you want to do with it (fair use, private copies in some places) or whether you have a license and perhaps a select few other factors, you would not be allowed to download a PNG of copyrighted material.
The law and its enforcement are two separate topics. I don't really care to discuss the latter.
Depends on how similar it is. If the work the human does to the original is transformative in some way, that falls under fair use and therefore legal. If they just apply some instagram filter or something, that would likely not be considered transformative and distribution would not be legal without permission of the copyright holder.
This is the crux in all of this imitative AI art discussion. Read https://en.wikipedia.org/wiki/Derivative_work and (closely related) https://en.wikipedia.org/wiki/Threshold_of_originality
Note that profit has no influence in any of this except for making the infringing party more noticeable to law enforcement. The law itself does not care whether you make a profit out of a copyright infringement or not.