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‘Mass theft’: Thousands of artists call for AI art auction to be cancelled
(www.theguardian.com)
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There are cases progressing through the courts. If the courts rule that copyright has been violated by the AIs under current laws then we won't need to create a new offense or expand IP laws currently on the books.
A unique work of art I guess since it's unlikely anyone would be able to replicate the prompt in order to get the same results.
It could of course go up to the scotus and effectively a new right be legislated from the bench, but it is unlikely and the nature of these models in combination with what is considered a copy under the rubric copyright in the US has operated effectively forever means that merely training and deploying a model is almost certainly not copyright infringement. This is pretty common consensus among IP attorneys.
That said, a lot of other very obvious infringement in coming out in discovery in many of these cases. Like torrenting all the training data. THAT is absolutely an infringement but is effectively unrelated to the question of whether lawfully accessed content being used as training data retroactively makes its access unlawful (it really almost certainly doesn't).