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While some argue this is unethical, others justify it since Rutkowski's art has already been widely used in Stable Diffusion 1.5.
What kind of argument is that supposed to be? We've stolen his art before so it's fine? Dickheads. This whole AI thing is already sketchy enough, at least respect the artists that explicitly want their art to be excluded.
His art was not "stolen." That's not an accurate word to describe this process with.
It's not so much that "it was done before so it's fine now" as "it's a well-understood part of many peoples' workflows" that can be used to justify it. As well as the view that there was nothing wrong with doing it the first time, so what's wrong with doing it a second time?
I don't like when people say "AI just traces/photobashes art." Because that simply isn't what happens.
But I do very much wish there was some sort of opt-out process, but ultimately any attempt at that just wouldn't work
pirating photoshop is a well-understood part of many peoples' workflows. that doesn't make it legal or condoned by adobe
I don't know what this has to do with anything. Nothing was "pirated", either.
no one's art is being "stolen". you're mistaken.
That's true, but only in the sense that theft and copyright infringement are fundamentally different things.
Generating stuff from ML training datasets that included works without permissive licenses is copyright infringement though, just as much as simply copying and pasting parts of those works in would be. The legal definition of a derivative work doesn't care about the techological details.
(For me, the most important consequence of this sort of argument is that everything produced by Github Copilot must be GPL.)
That's incorrect in my opinion. AI learns patterns from its training data. So do humans, by the way. It's not copy-pasting parts of image or code.
At the heart of copyright law is the intent. If an artist makes something, someone can't just come along and copy it and resell it. The intent is so that artists can make a living for their innovation.
AI training on copyrighted images and then reproducing works derived from those images in order to compete with those images in the same style breaks the intent of copyright law. Equally, it does not matter if a picture is original. If you take an artist's picture and recreate it with pixel art, there have already been cases where copyright infringement settlements have been made in favor of the original artist. Despite the original picture not being used at all, just studied. Mile's David Kind Of Bloop cover art.
What blurry line? An artist doesn’t what his art stolen from him. Seems pretty cut and dry to me.
I don’t disagree but stolen is a bit of a stretch
I don't fully understand how this works, but if they've created a way to replicate his style that doesn't involve using his art in the model, how is it problematic? I understand not wanting models to be trained using his art, but he doesn't have exclusive rights to the art style, and if someone else can replicate it, what's the problem?
This is an honest question, I don't know enough about this topic to make a case for either side.
TL;DR The new method still requires his art.
LoRA is a way to add additional layers to a neural network that effectively allow you to fine tune it's behaviour. Think of it like a "plugin" or a "mod"
LoRas require examples of the thing you are targeting. Lots of people in the SD community build them for particular celebrities or art styles by collecting examples of the that celebrity or whatever from online.
So in this case Greg has asked Stable to remove his artwork which they have done but some third party has created an unofficial LoRA that does use his artwork to mod the functionality back in.
In the traditional world the rights holder would presumably DMCA the plugin but the lines are much blurrier with LoRA models.
Do you know how they recreated his style? I couldn’t find such information or frankly have enough understanding to know how.
But if they either use his works directly or works created by another GAI with his name/style in the prompt, my personal feeling is that would still be unethical, especially if they charge money to generate his style of art without compensating him.
Plus, I find that the opt-out mentality really creepy and disrespectful
“If he contacts me asking for removal, I'll remove this.” Lykon said. “At the moment I believe that having an accurate immortal depiction of his style is in everyone's best interest.”
I still have trouble understanding the distinction between "a human consuming different artists, and replicating the style" vs "software consuming different artists, and replicating the style".
there's no distinction. people are just robophobic.
But if they either use his works directly or works created by another GAI with his name/style in the prompt, my personal feeling is that would still be unethical, especially if they charge money to generate his style of art without compensating him.
LORA's are created on image datasets, but these images are just available anywhere. It's really not much different from you taking every still of The Simpsons and using it. What I don't understand is how these are seen as problematic because a majority of end users utilizing AI are doing it under fair use.
No one charges for LORA's or models AFAIK. If they do, it hasn't come across the Stable Diffusion discords I moderate.
People actually selling AI generated art is also a different story and that's where it falls outside of fair use if the models being used contain copy-written work. It seems pretty cut and dry, artists complained about not being emulated by other artists before AI so it's only reasonable that it happens again. If people are profiting off it, it should be at least giving compensation to the original artist (if it could be adjusted so that per-token payments are given as royalties to the artist). However, on the other hand think about The Simpsons, or Pokemon, or anything that has ever been sold as a sticker/poster/display item.
I'm gonna guess that a majority of people have no problem with that IP theft cause it's a big company. Okay... so what if I love Greg but he doesn't respond to my letters and e-mails begging him to commission him for a Pokemon Rutkowski piece? Under fair use there's no reason I can't create that on my own, and if that means creating a dataset of all of his paintings that I paid for to utilize it then it's technically legal.
The only thing here that would be unethical or illegal is if his works are copywritten and being redistributed. They aren't being redistributed and currently copy-written materials aren't protected from being used in AI models, since the work done from AI can't be copywritten. In other words, while it may be disrespectful to go against the artists wishes to not be used in AI, there's no current grounds for it other than an artist not wanting to be copied... which is a tale as old as time.
TL;DR model and LORA makers aren't charging, users can't sell or copywrite AI works, and copywritten works aren't protected from being used in AI models (currently). An artist not wanting to be used currently has no grounds other than making strikes against anything that is redistributing copies of their work. If someone is using this LORA to recreate Greg Rutkowski paintings and then proceeds to give or sell them then the artist is able to claim that there's theft and damages... but the likelihood of an AI model being able to do this is low. The likelihood of someone selling these is higher, but from my understanding artistic styles are pretty much fair game anyway you swing it.
I understand wanting to protect artists. Artists also get overly defensive at times - I'm not saying that this guy is I actually am more on his side than my comment makes it out, especially after how he was treated in the discord I moderate. I'm more just pointing out that there's a slippery slope both ways and the current state of U.S. law on it.
Nothing was stolen.
Drawing inspiration from someone else by looking at their work has been around for centuries.
Imagine if the Renaissance couldn't happen because artists didn't want their style stolen.
His art was not "stolen."
If I look at someone's paintings, then paint something in a similar style did I steal their work? Or did I take inspiration from it?
Here's my argument: tough titties. Everything Greg Rutkowski has ever drawn or made has been inspired by other things he has seen and the experiences of his life, and this applies to all of us. Indeed, one cannot usually have experiences without the participation of others. Everyone wants to think they are special, and of course we are to someone, but to everyone no one is special. Since all of our work is based upon the work of everyone who came before us, then all of our work belongs to everyone. So tough fucking titties, welcome to the world of computer science, control c and control v is heavily encouraged.
In that Beatles documentary, Paul McCartney said he thought that once you uttered the words into the microphone, it belonged to everyone. Little did he know how right he actually was.
You think there is a line between innovation and infringement? Wrong, They are the same thing.
And for the record, I'm fine with anyone stealing my art. They can even sell it as their own. Attribution is for the vain.
Greg wants to get paid, remove the threat of poverty from the loss of control and its a nonissue.
I think people forget the reality when they take their supposedly brave and oh so altruistic stance of "there should be no copyright".
When people already know they won't even have a small chance of getting paid for the art they create, we will run out of artists.
Because most can not afford to learn and practice that craft without getting any form of payment. It will become a very rare hobby of a few decadent rich people who can afford to learn something like illustration in their free time.
what I'm getting from all the AI stuff is the people in charge and the people that use it are scumbags
Pretty much. There are ways of using it that most artists would be okay with. Most of the people using it flat out refuse to use it like that though.
Edit: To expand on this:
Most artists would be okay with AI art being used as reference material, inspiration, assisting with fleshing out concepts (though you should use concept artists for that in a big production), rapid prototyping and whatnot. Most only care that the final product is at least mostly human-made.
Artists generally want you to actually put effort into what you're making because, at the end of the day, typing a prompt into stable diffusion has more in common with receiving a free commission from an artist than it has with actually being an artist. If you're going to claim that something AI had a hand in as being your art, then you need to have done the majority of the work on it yourself.
The most frustrating thing to me, however, is that there are places in art that AI could participate in which would send artists over the moon, but it's not flashy so no one seems to be working on making AI in those areas.
Most of what I'm personally familiar with has to do with 3d modeling, and in that discipline, people would go nuts if you released an AI tool that could do the UV work for you. Messing with UVs can be very tedious and annoying, to the point where most artists will just use a tool using conventional algorithms to auto-unwrap and pack UVs, and then call it a day, even if they're not great.
Another area is in rigging and weight painting. In order to animate a model, you have to rig it to a skeleton (unless you're a masochist or trying to make a game accurate to late 90s-early 00s animation), paint the bone weights (which bones affect which polygons, and by how much), add constraints, etc. Most 3d modelers would leap at the prospect of having high-quality rigging and UVs done for them at the touch of a button. However, again, because it's not flashy to the general public, no one's put any effort into making an AI that can do that (afaik at least).
Finally, even if you do use an AI in ways that most artists would accept as valid, you'll still have to prove it because there are so many people who put a prompt into stable diffusion, do some minor edits to fix hands (in older version), and then try to pass it off as their own work.
The real issue here is the transfer of power away from the artist. This artist has presumably spent years and years perfecting his craft. Those efforts are now being used to line someone else’s pockets, in return for no compensation and a diminishment in the financial value of his work, and, by the sounds of it, little say in the matter either. That to me seems very unethical.
Personally, as an artist who spends the vast majority of their time on private projects that aren't paid, I feel like it's put power in my hands. It's best at sprucing up existing work and saving huge amounts of time detailing. Because of stable diffusion I'll be able to add those nice little touches and flashy bits to my work that a large corporation with no real vision has at their disposal.
To me it makes it much easier for smaller artists to compete, leveling the playing field a bit between those with massive resources and those with modest resources. That can only be a good thing in the long run.
But I also feel like copyright more often than not rewards the greedy and stifles the creative.
Re: Stolen. Not stolen comments Copyright law as interpreted judges is still being worked out on AI. Stay tuned if it's defined as stolen or not. But even if the courts decide existing copyright law would define training on artists work as legitimate use. The law can change and it still could swing the way of the artist if congress got involved.
My personal opinion, which may not reflect what happens legally is I hope we all get more control over our data and how it's used and sold. Wether that's my personal data like my comments, location or my artistic data like my paintings. I think that would be a better world
Copyright law as interpreted judges is still being worked out on AI. Stay tuned if it’s defined as stolen or not.
You just contradicted yourself in two sentences. Copyright and theft are not the same thing. They are unrelated to each other. When you violate copyright you are not "stealing" anything. This art is not "stolen", full stop.
The "nothing of value was lost when you pirate" argument. I'm a game developer who fully encourages people to pirate my games (or email me if they can't afford my games and want a free Steam key) but I can tell you value is lost when people pirate content. Even if that's simply a positive Steam review which in turn will put you higher up on placements on Steam's algorithm which will gain you more sales. Something of value is lost when you pirate. It's on the artist to determine if that value is acceptable to be lost. If they made their art for the sake of humanity or if they made art for the sake of survival in our shitty capitalistic society.
So sorry, yes, something is lost and it's because of capitalism. I'd argue otherwise if it didn't mean someone didn't get to eat or pay rent. I pirated a lot of media back in my day when I couldn't afford that media. I used to tell myself I wouldn't have likely bought those things anyways. That I wasn't taking from someone. In reality, I would have waited for a sale and gotten that media for 5 dollars. 5 dollars is still a lot of money when selling something though. If I just gave you 5 dollars you could do something small but nice for yourself. You could go buy a lot of things with that sale money. Just because you aren't spending 60 dollars on it doesn't mean you would never buy it. The fact that you want to play it says you'd probably buy it. Maybe you'd refund it. Maybe you wouldn't. Your time is worth something to you though. Thus when you pirate something you are committing something of value from yourself to search, download and ingest that media.
So how does this deal with copyright theft? Stealing something and using it devalues the original product. You've seen it a dozen times for better or worse. Minecraft is a great example of how it got devalued for a while there when everyone made Minecraft clones. My kid told me the other day that he got Minecraft on his tablet for free. It was some terrible knockoff he had been playing. I explained this and asked if he wanted the real thing. He said yes and I went and bought Minecraft. That in itself is proof that value is being lost by even legally taking an idea and copying it. A kid's parent who didn't know better would have just been like "Hmm, that's great, have fun." The best point I can make is that if there was one video game ever, to play a video game you would have to buy that one game. That one game would have more sales than any single game out there today. Clearly, something of value is being created by the exclusivity of copyright.
There is, of course, a balance. What is copyrightable? What stifles creativity and innovation? I would say if these AI artists were able to recreate the style from prompts and only train the AI on images that it has the authority to distribute (public domain images, CC0, etc.) then it's fair game. Training AI on copyrighted materials and then distributing derived works is copyright theft and should be deemed as such.
AI art is factually not art theft. It is creation of art in the same rough and inexact way that we humans do it; except computers and AIs do not run on meat-based hardware that has an extraordinary number of features and demands that are hardwired to ensure survival of the meat-based hardware. It doesn't have our limitations; so it can create similar works in various styles very quickly.
Copyright on the other hand is, an entirely different and, a very sticky subject. By default, "All Rights Are Reserved" is something that usually is protected by these laws. These laws however, are not grounded in modern times. They are grounded in the past; before the information age truly began it's upswing.
Fair use generally encompasses all usage of information that is one or more of the following:
In most cases AI art is at least somewhat Transformative. It may be too complex for us to explain it simply; but the AI is basically a virtual brain that can, without error or certain human faults, ingest image information and make decisions based on input given to it in order to give a desired output.
Arguably; if I have license or right to view artwork; or this right is no longer reserved, but is granted to the public through the use of the World Wide Web...then the AI also has those rights. Yes. The AI has license to view, and learn from your artwork. It just so happens to be a little more efficient at learning and remembering than humans can be at times.
This does not stop you from banning AIs from viewing all of your future works. Communicating that fact with all who interact with your works is probably going to make you a pretty unpopular person. However; rightsholders do not hold or reserve the right to revoke rights that they have previously given. Once that genie is out of the bottle; it's out...unless you've got firm enough contract proof to show that someone agreed to otherwise handle the management of rights.
In some cases; that proof exists. Good luck in court. In most cases however; that proof does not exist in a manner that is solid enough to please the court. A lot of the time; we tend to exchange, transfer and reserve rights ephemerally...that is in a manner that is not strictly always 100% recognized by the law.
Gee; Perhaps we should change that; and encourage the reasonable adaptation and growth of Copyright to fairly address the challenges of the information age.
It doesn't change anything you said about copyright law, but current-gen AI is absolutely not "a virtual brain" that creates "art in the same rough and inexact way that we humans do it." What you are describing is called Artificial General Intelligence, and it simply does not exist yet.
Today's large language models (like ChatGPT) and diffusion models (like Stable Diffusion) are statistics machines. They copy down a huge amount of example material, process it, and use it to calculate the most statistically probable next word (or pixel), with a little noise thrown in so they don't make the same thing twice. This is why ChatGPT is so bad at math and Stable Diffusion is so bad at counting fingers -- they are not making any rational decisions about what they spit out. They're not striving to make the correct answer. They're just producing the most statistically average output given the input.
Current-gen AI isn't just viewing art, it's storing a digital copy of it on a hard drive. It doesn't create, it interpolates. In order to imitate a person't style, it must make a copy of that person's work; describing the style in words is insufficient. If human artists (and by extension, art teachers) lose their jobs, AI training sets stagnate, and everything they produce becomes repetitive and derivative.
None of this matters to copyright law, but it matters to how we as a society respond. We do not want art itself to become a lost art.
Current AI models do not learn the way human brains do. And the way current models learn how do "make art" is very different from how human artists do it. To repeatedly try and recreate the work of other artists is something beginners do. And posting these works online was always shunned in artist communities. You also don't learn to draw a hand by remembering where a thousand different artists put the lines so it looks like a hand.
All this proves to me, based on the context from this post, is that people are willing to commit copyright infringement in order to make a machine produce art in a specific style.
my take on the subject, as someone who worked both in design and arts, and tech, is that the difficulty in discussing this is more rooted on what is art as opposed to what is theft
we mistakingly call illustrator/design work as art work. art is hard to define, but most would agree it requires some level of expressiveness that emanates from the artist (from the condition of the human existence, to social criticism, to beauty by itself) and that's what makes it valuable. with SD and other AIs, the control of this aspect is actually in the hands of the AI illustrator (or artist?)
whereas design and illustration are associated with product development and market. while they can contain art in a way, they have to adhere to a specific pipeline that is generally (if not always) for profit. to deliver the best-looking imagery for a given purpose in the shortest time possible
designers and illustrators were always bound to be replaced one way or a another, as the system is always aiming to maximize profit (much like the now old discussions between taxis and uber). they have all the rights to whine about it, but my guess is that this won't save their jobs. they will have to adopt it as a very powerful tool in their workflow or change careers
on the other hand, artists that are worried, if they think the worth of their art lies solely in a specific style they've developed, they are in for an epiphany. they might soon realise they aren't really artists, but freelance illustrators. that's also not to mention other posts stating that we always climb on the shoulders of past masters - in all areas
both artists and illustrators that embrace this tool will benefit from it, either to express themselves quicker and skipping fine arts school or to deliver in a pace compatible with the market
all that being said I would love to live in a society where people cared more about progress instead of money. imagine artists and designers actively contributing to this tech instead of wasting time talking fighting over IP and copyright...
If an image is represented as a network of weighted values describing subtle patterns in the image rather than a traditional grid of pixel color values, is that copy of the image still subject to copyright law?
How much would you have to change before it isn’t? Or if you merged it with another representation, would that change your rights to that image?
It doesn't matter how you recreate an image, if you recreate someone else's work that is a violation of copyright.
Stealing someone's style is a different matter.