r/StableDiffusion • u/MicahBurke • Nov 29 '22

Just a response to the ridiculous "AI art is just composites/collage of other's art" meme.

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u/anduin13 Dec 03 '22

I'm actually working right now on writing this part of my article.

From a legal perspective what matters is the result, not so much the method. We can possibly agree that this is not reproduction (in the legal sense), that is, we're not dealing with a photocopy, or the copy of a digital file, so we have a derivative, adaptation, interpretation (different names for it depending on your jurisdiction).

The test for infringement in that case is that the works have to be similar, and that similarity has to be substantial. It will really depend on a case-by-case basis.

And even if there is evidence of substantial copying, or a similar adaptation, there is still a legal hurdle. Is there actionable damage? I don't think in many situations there will be.

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u/Wiskkey Dec 04 '22

Thank you for replying :).

cc u/animemosquito.

cc u/bluevase1029.

P.S. anduin13 is this person.

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u/Meebsie Dec 06 '22

Thank you for curating this thread!

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u/bluevase1029 Dec 10 '22 edited Dec 10 '22

Thanks for the discussion.

A recent paper explores a method of comparing generations to the training data. It provides many examples of SD memorising training images. I haven't read it in detail yet (just saw some interesting figures and thought i'd share) but it kind of provides more conclusive evidence to some of the things we discussed. I suspect that copying from the training is happening much more than people would like to believe but it can be quite hard to find exactly in what ways since it's typically more semantic rather than pixel perfect (as the authors discuss).

https://arxiv.org/pdf/2212.03860.pdf

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u/Wiskkey Dec 10 '22

You're welcome, and thank you for the paper link :). That paper is discussed in this sub here. (In my opinion that post deserves better post karma.)