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this post was submitted on 22 Oct 2024
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According to the complaint,
Elon Musk's image:
Infringes on the copyright of this image from Blade Runner 2049:
Yeah, no. This is like suing someone because their picture of the sunset looks similar to yours. Obviously, the image is supposed to resemble that movie - I don’t think anyone seriously doubts that - but I don’t see any copyright infringement here.
Username checks out, you are right, except if you first ask the sunset for their picture and they refuse to give it to you you come up with an eerily similar one, even with the person in the foreground wearing the same clothes
So it would have been fine if they hadn't asked? I don't get your point. Like I said: I don't think anyone denies that it's supposed to look like it was from the movie. It's not though. It's similar but is not the same. I don't see what the copyright infingement here is supposed to be. I don't think you can own the idea of a man in a trenchcoat overlooking a city with orange filter on it.
I mean, yeah it might have been, not because that makes it okay but because of a lack of attention on the subject. Then again he also might have gotten sued after the fact like Trump with his campaign trail music he keeps using without permission.
However, Elon did ask first, and was met with the response of "no, we absolutely do not want our product associated with you or your business in any fashion." So he then carried on to create a barely legally distinct derivative which easily calls to mind the iconic scene in question, and then name drop Blade Runner in the accompanying speech.
Imagine for a moment, you write Bill Gates and ask him if you can use his likeness for advertisement. He tells you no, absolutely not, go kick rocks. So instead you have your local AI whip you up a character - Bull Gotes, a thin, white haired, elderly, bespectacled Caucasian man who made a lot of money on his computers, which he calls Macrosoft. This might be permissible as parody, but I don't think you're going to win a court case if you use it in business advertising and Bill decides he has something to say about it.
I see what you’re saying, but I think in this case it’s different enough from the original artwork that, if this were to go through in court, it would open the floodgates for a ton of similar lawsuits and set a bad precedent. They absolutely acted in bad faith here, as it’s immediately obvious which scene they’re mimicking, but I just don’t see enough similarity for copyright infringement. It’s quite different from Trump using actual songs from artists without permission - this isn’t the actual scene from the movie.
In my opinion, I hope that this lawsuit fails. I know that the movie industry already follows similar practices to what Musk has done. If a studio goes to a certain musician and the price is too high to include their music in the show, they'll go to a different artist and ask them to create a song that sounds like the song that they originally wanted.
If this lawsuit succeeds it's going to open the door for them to sue anyone that makes art that's remotely close to their copyrighted work. All they will need to do is claim that it "might have been created by AI with a prompt specifying our work" without actually having to have any proof beforehand.
I don't get your comment, first it's an argument that says, others are doing fucked up wrong things, therefore Elon is justified doing it too.
In the second paragraph you fear monger that anyone who creates anything remotely similar will be sued with no proof , but this case literally spells out that Elon first asked for the image, then used one similar anyway when denied, then mentioned the source in question twice in his speech.
It's literally nothing like the thing you fearmonger about, how your comment got 17 upvotes is beyond me.
I think what they're trying to say is that if asking AI to make something in the style of Blade Runner is copyright infringement, that opens the door to asking an artist to make something in the style of Blade Runner being copyright infringement. I don't know how I personally feel about that, but it's at least how I interpreted the comment.
@kameecoding@lemmy.world exactly this.
In the U.S. we have what's known as a legal" precedent". If a court case makes a decision on something, it massively increases the chances that other courts will use that same decision in similar future cases.
I'm terrified how fear of AI is suddenly making tighter copyright laws more popular.
Yeah, don't know what to think. Is this closer to copying a melody from a certain ballad or using the same chords that no-one owns and have been reused through decades to write a ballad... 🤔
It’s one thing to just do a similar melody by accident, and entirely another to ask the artist if you could use the melody, get explicitly denied, then go on and use that melody anyway, changing a single less relevant note in there.
I think everyone gets this distinction innately, we just get caught up in the copyright law aspect of this, which I’m not claiming isn’t relevant. It’s just Musk being a clear scumbag, whichever way you lean on the lawfulness side of it.
Edit: What I mean to say is, it’s fairly clearly morally corrupted and wrong, but it’s not so immediately clear to accept as such in this reality, where declaring so might have consequences beyond this instance.
If it wasn't clear from my comment, I'm not defending Musk. Don't care much about him.
I just don't envy the judge that has to consider this. I'm a musician, and find it complicated to judge such issues in the musical landscape.
Was replying more in the general, not specifically to you, but yeah. I’m a musician too myself, and have a wide range of other creatives in my inner circle, and this whole copyright topic is extremely hard. But I think we mostly can ignore that aspect when we consider the moral side as-is. A lot less complicated that way. Again, more in the general sense for all the comments in this post, sorry to drop it all here.
No worries. Thanks for your input. 🍻
There's literally not as single common thing these images share. Afaik noone has monopoly on orange filter
One could argue it's an uncreative derivative work not subject to a fair use exemption, and actively used in commerce to make money for Musk, while simultaneously it damages the Blade Runner brand if, as claimed, other car companies assume Tesla and BR have a relationship, or the BR brand is inextricably linked to Tesla and Musk. The fact that Tesla and WBD hurriedly sought a copyright clearance, once Tesla realized WBD didn't have all the necessary rights, doesn't speak well for Tesla's position, nor does the fact that Musk referenced Blade Runner at least twice in his presentation.
While specifically refering to the image
Yeah, I don’t think this goes to trial and rewrites the lawbooks or anything, but there’s enough here to litigate, and I reckon Tesla will settle to avoid going to discovery.