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#and im very very concerned it will do more harm than good to transformative artists
bananonbinary · 11 months
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the main argument I've heard made wrt the IP thing and AI art is that the AI can only ever combine works from other artists. it has no creative input other than combining works that already exist; which, personally, i would be fine with if it was just being trained on work in the public domain and work from people who consented to be included, but these bots are scraping art from literally everywhere on the web with *very* few opportunities to opt out. even a human artist that's heavily inspired by other creators adds something of their own to the mix, it's kind of impossible *not* to unless you're literally tracing someone else's design, but AI is using art taken from other creators And Nothing Else, which when combined with the fact you can ask it to produce art "in the style of X" gets a lot of artists very mad
that feels like a very esoteric complaint though. how does one measure "creative input," and why does the actual method it uses to create not count? if you can't actually point to a bit of AI art like "thats my OC it clearly lifted that from this painting i did" then it's clearly done SOMETHING transformative. what has it actually stolen? the knowledge that your work exists, somewhere?
as far as i understand it, the main practical reason for "intellectual property" to exist as a legal concept, is to prevent someone from harming someone else's livelihood or reputation by claiming the work as their own. parody and free use are allowed only so far as they are sufficiently different from the source work. but these AIs...don't claim credit for the source works. they don't reproduce the source works anywhere at all. and what they create IS pretty transformative, even if it's in a soulless robot kinda way. it can't really be considered to be "taking away" from sales etc of the original works that exist, because it doesn't actually look like any one of them at all. I think even if I, a human, DID create "here's a collage of tiny pieces of shit i found on deviantart" it would still be considered fair use, but the connection between anything in the data sets and the actual art the AIs produce is much, much more tenuous than that.
I think any way that it could hurt an artist that you could define would also just cover competing artists in general. Even if an AI created a picture of, say, a tree In The Style Of Artist (let's call them Phil), it still wouldn't ACTUALLY be the same as the tree Phil would draw, it would just kinda look similar. and anyone who wanted a tree by Phil would know that this wasn't one, and wasn't worth their time. Phil could draw their own tree, and still sell it, and the AI would only really compete with that among Phil fans if it actually tried to claim that its version WAS by Phil.
This is sort of my main hesitation for the IP argument. we here in fandom spaces exist in a grey area of intellectual property, where EVERYTHING is "in the style of" or "based on" existing properties. if we try to legislate those very conceptual qualities, instead of actual concrete "look this was literally my image it made i published it two years ago," then our spaces will cease to exist.
again, that's not to say there's zero valid complaints about AI art. i definitely see the problem with corporations trying to replace human labor with them because the humans wanted better working conditions. (this is a larger problem imo where any progress in the workplace is stagnated because it will inevitably be used as an excuse to fire people instead of give them less work). and a friend explained to me why it's fairly offensive at the very least to try and bring AI art into what was clearly a space to celebrate the process of making art (eg, contests, writers groups and websites, etc). i just don't think this specific argument is a good path to go down.
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borderlinesheep · 5 years
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