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andym's Journal
andym's Journal
November 1, 2023

Artists Lose First Round of Copyright Infringement Case Against AI Art Generators

Source: The Hollywood Reporter

Artists suing generative artificial intelligence art generators have hit a stumbling block in a first-of-its-kind lawsuit over the uncompensated and unauthorized use of billions of images downloaded from the internet to train AI systems, with a federal judge’s dismissal of most claims.

U.S. District Judge William Orrick on Monday found that copyright infringement claims cannot move forward against Midjourney and DeviantArt, concluding the accusations are “defective in numerous respects.” Among the issues are whether the AI systems they run on actually contain copies of copyrighted images that were used to create infringing works and if the artists can substantiate infringement in the absence of identical material created by the AI tools. Claims against the companies for infringement, right of publicity, unfair competition and breach of contract were dismissed, though they will likely be reasserted.

In his dismissal of infringement claims, Orrick wrote that plaintiffs’ theory is “unclear” as to whether there are copies of training images stored in Stable Diffusion that are utilized by DeviantArt and Midjourney. He pointed to the defense’s arguments that it’s impossible for billions of images “to be compressed into an active program,” like Stable Diffusion. “Plaintiffs will be required to amend to clarify their theory with respect to compressed copies of Training Images and to state facts in support of how Stable Diffusion — a program that is open source, at least in part — operates with respect to the Training Images,” stated the ruling.

According to the order, the artists will also likely have to show proof of infringing works produced by AI tools that are identical to their copyrighted material. This potentially presents a major issue because they have conceded that “none of the Stable Diffusion output images provided in response to a particular Text Prompt is likely to be a close match for any specific image in the training data.”

Read more: https://www.hollywoodreporter.com/business/business-news/artists-copyright-infringement-case-ai-art-generators-1235632929/

The details of copyright law will make it difficult to sue AI companies it appears. Since the created images that include facsimilies aren't exact and questions exist as to the absence of exact copies in the computer programs.

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