Agreed that interim solution should be to make all “AI” work public domain since it treats everything it trains on as public domain. I’m for it because it would would immediately stop being profitable for commercial enterprises. Then check who they ripped off and settle any financial claims and damages before moving on to establish license for already created output.
Exactly. Make ALL output public domain. Force them to release their training sets. Force them to open source their models.
There will still be companies like Adobe and DeviantArt who will be able to work around this due to their ToS, but we have enough existing models to make them obsolete due to the power of FOSS.
Making all ai work public domain is a great idea… until you start trying to draft actual laws. If ai is only used to make the eyeballs of character is it public domain? If I use a stable diffusion base but then fine-tune it on my own work is it public domain? What if I use ai to make the general idea, then I use that as inspiration to make my own work? How does anyone prove that anything is or isn’t ai generated or assisted? The list goes on and on. Making laws about ai use in art simply isn’t realistic, they are just too hard to nail down, and too easy to skirt. I don’t know what the solution is, but it isn’t this unfortunately.
The other big problem with it is that it just means that few big companies who already own almost all the IP(yes, most professional artists don’t actually own their own work) just make their own models with their own work and are able to enjoy the benefits of AI while any small group just has yet another disadvantage. It will probably be these big companies pushing for anti-AI/“pro artist” laws.
Of course things are messy. I still think it’s the best option. I would say that yes, a character with AI eyes, would be public domain. Treat it like the GPL. If a small part of your code is GPL, all of your code has to be GPL.
Likewise, it isn’t easy to prove, people will get away with it doing in very small quantities and sufficiently reworking it, but extravagant examples would be caught, like serial plagiarists eventually are. The resulting loss in credibility could end careers. Of course, the best approach would be to completely remove copyrights altogether, then this wouldn’t be an issue at all.
