• It's not going well for artists in their battle against GenAI

    From TechnologyDaily@1337:1/100 to All on Tue Oct 31 18:15:04 2023
    It's not going well for artists in their battle against GenAI

    Date:
    Tue, 31 Oct 2023 18:00:56 +0000

    Description:
    Artists have had some of their copyright infringement claims against AI image generators dismissed by California judge.

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    A judge in California earlier this week dismissed some claims raised by artists in their fight against AI image-generating websites. The artists believe such sites have been using their work unlawfully.

    Parts of a class action brought by Sarah Andersen, Kelly McKernan, and Karla Ortiz were dismissed by US District Judge William Orrick, including all the allegations made against DeviantArt and Midjourney, two popular text-to-image AI art generators.

    However, despite some claims being dismissed and the offer for an amended complaint to be submitted, the artists' attorneys Joseph Saveri and Matthew Butterick confirmed that their core claim survived. Artists claim generative AI image creators use their copyrighted work

    The case goes as follows: Plaintiffs allege that Stable Diffusion was trained on plaintiffs works of art to be able to produce Output Images in the style
    of particular artists.

    Orrick adds: Finding that the Complaint is defective in numerous respects, I largely GRANT defendants motions to dismiss and defer the special motion to strike.

    The hearing on October 30 gave the plaintiffs 30 days to return with an amended complaint addressing deficiencies in their arguments, including that some artwork had not been registered with the Copyright Office.

    TechRadar Pro asked Stability AI, Midjourney, and DeviantArt for further comment on the court case and allegations, but we did not receive any immediate responses.

    Orrick also dismissed complaints that the companies in question had violated the artists publicity rights and competed with them unfairly. Again, the plaintiffs have been granted permission to refile within 30 days by the end of November.

    More broadly, copyright issues in an evolving AI landscape are expected to become more complex. Microsoft recently announced that it would defend users of its AI Copilot should they find themselves challenged on copyright
    grounds. More from TechRadar Pro AI generations can be copyrighted now - on one condition Weve rounded up the best AI tools to help save you precious
    time After something a little less controversial? Here are the best photo editors

    Via Reuters



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    Link to news story: https://www.techradar.com/pro/its-not-going-well-for-artists-in-their-battle-a gainst-genai


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