Others Ren'Py Goofing around with Open AI's new chatbot and how it can help dev's

GNVE

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So on WAN show Luke and Linus talked about the new Open AI's chat bot. They talked about possible applications some of which peaked my interest. I wanted to see the potential of the AI engine and it is pretty good here are some of my findings. Please note that This is not the order in which I tested the engine just a summery.

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I hope this was at least a little interesting to read. It was fun to play around with for me. If you want to do it yourself here is the URL: (requires an account).
 

JoGio

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That's an interesting application of OpenAI's capabilities. AI has a lot of potential to put power in the hands of people without them having to spend a lifetime building skills, but it's still not clear how AI will work from a legal and ethical standpoint.

Deviantart released an AI tool which combed through the works submitted on their site to learn how to draw. Many artists took offense to that since they viewed the AI as copying their work without consent. Does using code, text, or images generated using the AI for commercial purposes constitute some sort of infringement? Who's being infringed upon? The company that developed the AI? The people who created the works that the AI is based off of?

I have my own opinions on this topic but it'll be interesting to see where this goes as AI tools proliferate and become more mainstream.
 

GNVE

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From what I understand the copyright issue isn't that difficult to settle. At least at the front end. For an image to be copyrightable it needs to be minimally creative (which is why you can't copyright simple musical riffs (see the Katy Perry Dark Horse Case) or simple dance moves (See Fortnight case(s))). To be creative you need to make decisions about your work. An AI doesn't have this ability (at least at this point in time) This is why the image an Ape took wasn't copyrightable.

On the back-end I'm less sure. But if I look at a hundred Warhol paintings and learn to mimic his style it is still my painting. Warhol does not own my copyright and no legal issues arise at least as long as I don't try to pass it off as an original. AI is able to do this on a much larger scale of course but I think it is still a similar thing. (I am not a lawyer though so I could be very wrong in this assessment).

If there are legal issues to arise from using AI generated content I suspect it is within contract law. The TOS and the like where you say that you will not use the AI commercially. It is interesting you brought this up as I hadn't even considered this in my exploration.
 
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MissFortune

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But if I look at a hundred Warhol paintings and learn to mimic his style it is still my painting. Warhol does not own my copyright and no legal issues arise at least as long as I don't try to pass it off as an original. AI is able to do this on a much larger scale of course but I think it is still a similar thing. (I am not a lawyer though so I could be very wrong in this assessment).

If there are legal issues to arise from using AI generated content I suspect it is within contract law. The TOS and the like where you say that you will not use the AI commercially. It is interesting you brought this up as I hadn't even considered this in my exploration.
But the style isn't being mimicked. It's akin to . Photos/Drawings/etc. are essentially being taken/stolen (not including paid AIs like Midjourney where they have a dedicated database with a collection of images that effectively become stock images.) and bashed together. Hence why most AI art will have a very soft feeling to them. There's a shit ton of blurring happening to make it all work. So, yeah, software like Stable Diffusion is taking from Google Images, DeviantArt (likely prior to having their own), ArtStation, Pinterest, etc. put them all together based on your prompt/image/etc.

If I steal a whole bunch of images and throw them to together in Photoshop, does that make it mine? No. So, why should that be true for a robot? Hence, why copyright isn't applicable to AI generated/assisted art ( .). Pro-AI Art shills are pointing to this as a counter: , but fail to mention that registration isn't proof of copyright, it's near automatic, and in this case the only copyright is the writing and human additions to the Graphic Novel.

(Edit: Turns out, the copyright office for that backtracked. There goes that argument.)

So, basically, if I take a crap on the Mona Lisa (which is public domain) and smear it all over it, only my crap is protected by copyright as it was made by me. The same applies to AI art. It's public domain, effectively at least, and thus only things I add over it by my own hands are protected. This is why it's stupid to pay for AI art that doesn't come out of MidJourney or similar software(s). The whole AI space is ethically and morally gray, and the people who both sell and claim it as their original work are just as bad as those plagiarize and steal other works.

I imagine this is far less of a case with AI writing, though. There's inherently more logic in writing than there is in art, meaning training an AI to write a poem comes a lot easier than drawing/painting/manipulating something (which is why most faces in AI art are terrible.), and thus far easier (used loosely, of course, wouldn't even know where to start on building/coding/etc.) to achieve a good result without outright stealing.
 

GNVE

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Yeah, as I said I'm less sure about the back-end of things. I know too little about AI and its implementation to make definitive statements. At some point it will cross a line that goes from putting bits together into work inspired by. Also there are artists who use other pieces of art to create their own art. And this includes paintings/photo's that have sold for millions. .

Claiming AI work and selling it is not so much grey as it is inherently public domain. So others can legally 'steal' (using the word very loosely here...) it and sell it themselves. (Notwithstanding the backend issues of course.)
 

79flavors

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Does using code, text, or images generated using the AI for commercial purposes constitute some sort of infringement? Who's being infringed upon?

Firstly, in the case of DeviantArt - they're almost certainly not going to be "legally" at fault. I'd be hugely surprised if their T&C's when people create their account doesn't include legal language that says "DeviantArt can do pretty much anything internally to the copy of your artwork that you upload, short of passing off the art as their own". Which isn't to say that public opinion couldn't be brought into things to pressure them to not do that sort of thing.

Given the capricious nature of US copyright results, it's difficult to be sure where things might settle. People have been pushing the boundaries of how small of a piece of the overall work can be copyrighted, that's it's difficult to get a final answer without going through a full court case.

There are two parts to this...

Could an AI generated work be copyrighted?

Probably not.

The law and rules are pretty clear on this. A person must be the driving force behind the work. Their "creative spark" is what is copyrightable.
.

Plus there's also recent cases of or that back up this view of things.

Where the law is lagging behind is the use of tools.

When Rembrandt or Picasso used a paint brush to paint, nobody was suggesting that the paint brush be given the copyright. To what extent A.I. might be considered a tool under the control of a human isn't something I feel has been settled. Although the first link about the Copyright Office is probably the closest - though in that case, they were trying to get the artwork copyrighted in the name of the A.I. machine itself, rather then the programmer/artist who initiated the process.

A person using an A.I. to create something and then registering the work in the person's name... I feel that would be copyrightable, though I can't recall a specific example.


The other part to this is...

Is the use of an A.I. effectively committing copyright piracy against the original works that were part of it's dataset?

Probably not.

The decision has already been mentioned. Where the idea of "derivative work" comes into play. How much of the new work is identical or substantively similar to the original work are the deciding factors. There are lots of other examples that come down on both sides of the line, depending on the very specific facts of each individual case.

But that is probably secondary to whether the A.I. has permission to use any copyrighted works as contributing data to it's training process. If prior to clicking "upload" or "send", the author/user accepted some terms and conditions - then my gut feel is that those terms and conditions will indemnify the people running the A.I.
Also keep in mind, the people who are training their A.I.s aren't usually running websites that collect lots of data/images (unless you consider Google, etc) - invariably, they are either buying or using 3rd party data and doing so within the terms and conditions of the company/entity that collected that data.
 

anne O'nymous

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Firstly, in the case of DeviantArt - they're almost certainly not going to be "legally" at fault. I'd be hugely surprised if their T&C's when people create their account doesn't include legal language that says "DeviantArt can do pretty much anything internally to the copy of your artwork that you upload, short of passing off the art as their own". Which isn't to say that public opinion couldn't be brought into things to pressure them to not do that sort of thing.
But DeviantArt isn't the one using the images here, and as far as I know, they haven't allowed the AI (creators) to browse its base and use the images.
As for the legality of this process, I wrote a long analyze this autumn on one of the AI threads here. In short, it would depend on how it's done, and what the judge would understand after the experts from both parties have finished talking.


Could an AI generated work be copyrighted?

Probably not.
I'll go further, there's chance/risk that if it can be copyrighted, you wouldn't be the owner of those rights.
It's not a 3D rendered scene, that you had to build yourself, nor is it some amazing collage, you made with Photoshop/Gimp/whatever, using filters and all. This would be your creation, and therefore you would own the rights.
But here you described something, eventually providing reference material, and the AI decided how it should be represented. The AI is a tool, but the process is the same than hiring an artist, giving him a vague description of what you want, and showing him some photos/arts to give him a better idea.

And this lead to a really interesting question regarding the real owner of the rights, if right owner there's.
My legal knowledge is far to be good enough to know what would be the answer to this question, but I don't see "(c) [Whatever AI name]" as a total impossibility. As you said, is creator the person who was the driving force and provided the "creative spark"... And here it's the AI. What you did yourself is just asking for something, then picking one image among the few the AI presented you.

Be noted that the same apply for AI writers, that would then be the writer you hired.
 
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GNVE

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As you said, is creator the person who was the driving force and provided the "creative spark"... And here it's the AI. What you did yourself is just asking for something, then picking one image among the few the AI presented you.
This actually makes it another way that the image is not copyrightable. Copyright deals with creative works. Facts are not creative. It is quite clear in the case law that recipes (phone numbers, maps etc) cannot be copyrighted. Other than the creative elements (e.g. the paragraph on how many times the author failed the recipe for instance or the couple of fictional towns on the map).
When your creativity is limited to essentially girl with the pearl earring but as a cat. I know people use much more complex sentences but it is still just a basic factual instruction. It is a recipe. There is no creative work there.

My input with the chat bot where I asked it to revise my work into a biblical work would be far more likely to be copyrightable. The input itself was creative. I wrote a backstory and the paragraph itself was clearly creative writing (I'm not saying anything about the quality just that it isn't just a factual list of 'ingredients')

The other input like the awful dialogue would probably not rise to the level of copyrightable as these where only instructions or as in the case of that dialogue it is just a minimal phrase (like a dance move).
 

The Rogue Trader

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This actually makes it another way that the image is not copyrightable. Copyright deals with creative works. Facts are not creative.
Well, there's the precedent of photography to take in consideration.
At its core photography is a purely technical proceeding: light enters the lens and then stimulates a chemical reaction/activates a sensor. Most of the time the human factor is limited to where to point the lens and how much light to let in the camera.

In Europe, but I'm pretty confident that's the same everywhere at the very least in the OECD countries, a photo falls in one of three categories as far as copyright is concerned (citing by memory from my own language, so bear with my mistakes in names and definitions):
- photo-reproduction: purely technical. It's a job that requires knowledge and skill, but it's not creative: it can't be copyrighted.
- reportage photography: while it's mainly technical, the human factor is recognized (or we wouldn't have photo reporters any longer). The work gains limited copyright protection: 20 years since the shoot, but it must be clearly identified as protected.
- creative photography: the definition is a bit wonky ("a photography that bears the clear stylistic mark of the author"), but the idea is that this is art, as some human actually did consciously study what he/she wanted to do and how to do it. It follows the standard copyright laws for creative work (70 years after the death of the author).

I don't see why AI art/writing/music/coding can't, in due time, end up falling under a similar frame.
You did a simple prompt and just picked one of the results? No copyright.
You worked for hours on your prompt to get something very specific and spent time correcting the issues with inpainting? Limited protection.
You used an AI generator inside a complex workflow, picking source images that resulted in something unique and personal? Full protection.

Sure, first there's the non-trivial issue of the AI models taking "inspiration" from copyrighted material. We'll probably end up having legal AI models and pirate ones.
 
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hkennereth

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But the style isn't being mimicked. It's akin to . Photos/Drawings/etc. are essentially being taken/stolen (not including paid AIs like Midjourney where they have a dedicated database with a collection of images that effectively become stock images.) and bashed together. Hence why most AI art will have a very soft feeling to them. There's a shit ton of blurring happening to make it all work. So, yeah, software like Stable Diffusion is taking from Google Images, DeviantArt (likely prior to having their own), ArtStation, Pinterest, etc. put them all together based on your prompt/image/etc.

If I steal a whole bunch of images and throw them to together in Photoshop, does that make it mine? No. So, why should that be true for a robot? Hence, why copyright isn't applicable to AI generated/assisted art ( .). Pro-AI Art shills are pointing to this as a counter: , but fail to mention that registration isn't proof of copyright, it's near automatic, and in this case the only copyright is the writing and human additions to the Graphic Novel.

(Edit: Turns out, the copyright office for that backtracked. There goes that argument.)

So, basically, if I take a crap on the Mona Lisa (which is public domain) and smear it all over it, only my crap is protected by copyright as it was made by me. The same applies to AI art. It's public domain, effectively at least, and thus only things I add over it by my own hands are protected. This is why it's stupid to pay for AI art that doesn't come out of MidJourney or similar software(s). The whole AI space is ethically and morally gray, and the people who both sell and claim it as their original work are just as bad as those plagiarize and steal other works.

I imagine this is far less of a case with AI writing, though. There's inherently more logic in writing than there is in art, meaning training an AI to write a poem comes a lot easier than drawing/painting/manipulating something (which is why most faces in AI art are terrible.), and thus far easier (used loosely, of course, wouldn't even know where to start on building/coding/etc.) to achieve a good result without outright stealing.
I only found this thread now, but there is A LOT of misunderstanding of how this tech works here.

the style isn't being mimicked. It's akin to .
That is absolutely NOT the case. For this to be true, the AI would need to have access to each image in the original database, and it does not in any way. Midjourney runs as a Discord bot, so you can't verify this claim of course, but it is based on the same general principle as Stable Diffusion, and this AI and it runs offline. Stable Diffusion was trained with a database of 5 BILLION already compressed images, resulting in a dataset that is 240 terabytes large. The model file that contains all the data the AI needs to create images and all it has access to, however, is only 2 gigabytes large in its simplest format (there are alternative sizes that contain double floating point precision data or additional training data as well, but 2GB is what is required for image generation), and every model is the same size no matter how much "additional" data you train into it, because it does NOT contain the actual images, it contains as the name implies a model of how the AI understands the visual information that related to each word, or token as known in this field, that was taught to the AI. There is no "photo manipulation" involved in the inference process used by AI, instead the .

Not that this should matter, because as it turns out...

The whole AI space is ethically and morally gray, and the people who both sell and claim it as their original work are just as bad as those plagiarize and steal other works.
(...)
If I steal a whole bunch of images and throw them to together in Photoshop, does that make it mine?
Kinda does, actually. That's called "a collage", and that's a protected form of art. Even other forms of art famously copied almost directly other artist's works, and that is also protected because it is still art to transform the art of others into something new. Andy Warhol famously took and that is one of the most influential images ever created, and guess what: he didn't have to ask for permission, because it's fair use. To further the irony of this example, Warhol's image was later used as inspiration for by a different artist, Richard Pettibone... who also didn't have to request authorization or inform anyone, because IT IS LEGAL under fair use to transform another artist's work into something new.

But that doesn't matter, because that's NOT what AIs like Stable Diffusion are doing. All they do is learn the techniques and visual styles of existing artists, which as it turns out is what EVERY... SINGLE... ARTIST of any field does to learn their trade. There isn't even one artist in existence that didn't learn by copying and mimicking existing artists that inspired them, and that's fine, because you can't copyright a style, and you shouldn't be able to copyright a style, because copyright isn't meant to protect someone's process or ideas, but to protect their WORK. "Well, someone can use the AI to copy someone's work now very easy", you will probably say. Sure, they can do that... and that will be copyright infringement just like if someone copies that work with a pen, with a brush, or with a digital tablet.

And let's be clear, the argument that this isn't art because somehow the US Copyright Office doesn't accept it is meaningless. The USCO doesn't currently accept AI art, and as you pointed out rescinded the application from that comic because it has still not decided who is considered THE CREATOR in the AI art space. That's an ongoing discussion, but an image is an image, and any image created for artistic purpose is art, which is shown by the fact that the USCO accepted the application in the first place. The only argument here is who owns the copyright of an image created through use of an AI. That's not a moral or philosophical discussion from the point of view of the copyright registration entities like the USCO or other around the world, but simply a legislative one that is currently pending for a few years now, as you can see by by the US Patent & Trademark Office.

This whole idea that AIs are "stealing from artists" is plain and simple FUD that people keep spreading because they lack the most basic understanding of how the technology works, and it's easier to share ignorant fearmongering than to try to learn about it, and learn how it helps enable more people to create images they have in their heads, because turns out no AI can make images out of a vacuum: every single one of these AIs require someone to design the prompts that will return the images, and if at one hand they allow tons of images to be created quickly, anyone that attempts to do more than make quick tests learns that it takes A LOT of work to get the AI to create anything more specific, and then to get the resulting images and manipulate them to get a really good result that is better than the average crap you can get straight from the machine. Exactly how anyone can apply a bunch of effects on an image on Photoshop, but it takes work to make anything actually good. Exactly how anyone can make a bunch of lines on a piece of paper with some crayons, but it requires learning techniques and working hard to make a good illustration.

You know what we call someone who spends time using a tool to get the right image they want instead of just random crap? There is a word for that: we call them "artists".

Edit: words
 
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dipad43567

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Well, there's the precedent of photography to take in consideration.
At its core photography is a purely technical proceeding: light enters the lens and then stimulates a chemical reaction/activates a sensor. Most of the time the human factor is limited to where to point the lens and how much light to let in the camera.

In Europe, but I'm pretty confident that's the same everywhere at the very least in the OECD countries, a photo falls in one of three categories as far as copyright is concerned (citing by memory from my own language, so bear with my mistakes in names and definitions):
- photo-reproduction: purely technical. It's a job that requires knowledge and skill, but it's not creative: it can't be copyrighted.
- reportage photography: while it's mainly technical, the human factor is recognized (or we wouldn't have photo reporters any longer). The work gains limited copyright protection: 20 years since the shoot, but it must be clearly identified as protected.
- creative photography: the definition is a bit wonky ("a photography that bears the clear stylistic mark of the author"), but the idea is that this is art, as some human actually did consciously study what he/she wanted to do and how to do it. It follows the standard copyright laws for creative work (70 years after the death of the author).

I don't see why AI art/writing/music/coding can't, in due time, end up falling under a similar frame.
You did a simple prompt and just picked one of the results? No copyright.
You worked for hours on your prompt to get something very specific and spent time correcting the issues with inpainting? Limited protection.
You used an AI generator inside a complex workflow, picking source images that resulted in something unique and personal? Full protection.

Sure, first there's the non-trivial issue of the AI models taking "inspiration" from copyrighted material. We'll probably end up having legal AI models and pirate ones.
From what i can read this is not true, any photography is copyrighted, from the national geographic award winner to the simple dickpic. So if we follow the analogy any image produced with an ai tool should be protected by copyright, and this copyright should be owned by the one who pushed the button aka the prompt writer. Obviously this might change in the future depending on related legal rulings.
 

GNVE

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From what i can read this is not true, any photography is copyrighted, from the national geographic award winner to the simple dickpic. So if we follow the analogy any image produced with an ai tool should be protected by copyright, and this copyright should be owned by the one who pushed the button aka the prompt writer. Obviously this might change in the future depending on related legal rulings.
No not all photographs are copyrighted even if most are. You need to meet the minimal creativity standard. Some examples of uncopyrightable works that have come up in the past few years:
- An ape got hold of a camera and took a selfie before the photographer could retrieve the camera. The photographer tried to copyright the image and PETA tried to get copyright for the Ape. Unfortunately for both since the ape has no idea what a camera does there is no way for it to be creative and thus the image is not copyrightable.
- A man accidentally streamed for hours. Since he was not aware he was making impromptu performance art there was no copyright to be had. You need to be aware you are making art for it to be creative.
- Images taken by the US (Federal) Government are public domain by default (You still need to make sure they aren't licenced by the government rather than made by though before using them).
- making a photo from a page in a book is functional (you just want to have the entire page on the picture) so there is no creativity. The image therefore is not copyrightable.

from USlegal.com via google:
The 'minimal creativity' requirement is used to prevent someone from taking an exact copy of a work in the public domain (like photocopying a book, or photograph) and claiming copyright. Making a single change to a work in the public domain also does not meet the 'minimal creativity' requirement.
 
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The Rogue Trader

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From what i can read this is not true, any photography is copyrighted, from the national geographic award winner to the simple dickpic. So if we follow the analogy any image produced with an ai tool should be protected by copyright, and this copyright should be owned by the one who pushed the button aka the prompt writer. Obviously this might change in the future depending on related legal rulings.
The dickpic belongs to the second category and so is covered for 20 years since the shoot.
If Robert Mapplethorpe , it's art and will be protected until 2059 (70 years since the death of the author... but in some jurisdictions it's 100 years, so 2089).

GNVE covered already some examples of non-copyrightable images, in my experience the most common example is the fourth: technical reproductions. Photographing your ID card to send it to the telephone company. Reproducing or newspapers. Making a composite of photos of a carpet to sell it on Ebay. This kind of stuff.