this post was submitted on 08 Jan 2024
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Generally you're correct, but copyright law does concern itself with learning. Fair use exemptions require consideration of the purpose character of use, explicitly mentioning nonprofit educational purposes. It also mentions the effect on the potential market for the original work. (There are other factors required but they're less relevant here.)
So yeah, tracing a comic book to learn drawing is totally fine, as long as that's what you're doing it for. Tracing a comic to reproduce and sell is totally not fine, and that's basically what OpenAI is doing here: slurping up whole works to improve their saleable product, which can generate new works to compete with the originals.
I meant "learning" in the strict sense, not institutional education.
I think you are simply mistaken about what AI is typically doing. You can test your "tracing" analogy by making an image with Stable Diffusion. It's trained only on images from the public internet, so if the generated image is similar to one in the training data, then a reverse image search should turn it up.