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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:
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.
But the fact that this is AI generated has nothing to do with anything, if you ask for the rights of an image from someone they deny you, then you mention the original image multiple times to promote your product using a hand drawn near copy you will be also in trouble, because what you are doing is rather clear to see and rather easy to prove you know you are in the wrong.
So you saying that anything AI generated that is similar to something else will get sued for copyright infringement makes no sense, unless you can already do that for hand drawn images.
You're right, whether it's AI generated or not doesn't matter.
This is a copyright infringment matter in which "Fair Use" will become a major factor. https://fairuse.stanford.edu/overview/fair-use/four-factors/
In this case, if the courts rule in favor of Alcon there's a danger that this expands how copyright law is judged and future cases can use that ruling in their favor. It would make it a lot easier for them to only prove that someone wanted an image that "looks like" even when the image wouldn't normally be held to that level of scrutiny at face value.
You're right that there are other factors at play here:
They are absolutely concerned that Musk is trying to associate his product with Blade Runner and if the case hinges on the association rather than the image in question then I don't see a problem with that.
But it's very concerning that the image itself seems to be a major factor in this case, specifically that they are accusing "(WBD) of conspiring with Musk and Tesla to steal the image and infringe Alcon's copyright".
Yes, you can already sue someone else for copyright infringment with hand drawn images. What matters for the decision are a number of factors (as listed out on that link to fair use) one of them being how closely your drawing resembles the copyrighted material. Here's an article about a photographer who successfully sued a painter who plagiarized her work: https://boingboing.net/2024/05/17/photographer-wins-lawsuit-against-alleged-painter-who-plagiarized-her-work.html