Greg Rutkowski, a digital artist known for his surreal style, opposes AI art but his name and style have been frequently used by AI art generators without his consent. In response, Stable Diffusion removed his work from their dataset in version 2.0. However, the community has now created a tool to emulate Rutkowski’s style against his wishes using a LoRA model. While some argue this is unethical, others justify it since Rutkowski’s art has already been widely used in Stable Diffusion 1.5. The debate highlights the blurry line between innovation and infringement in the emerging field of AI art.

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109 points

While some argue this is unethical, others justify it since Rutkowski’s art has already been widely used in Stable Diffusion 1.5.

What kind of argument is that supposed to be? We’ve stolen his art before so it’s fine? Dickheads. This whole AI thing is already sketchy enough, at least respect the artists that explicitly want their art to be excluded.

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26 points

His art was not “stolen.” That’s not an accurate word to describe this process with.

It’s not so much that “it was done before so it’s fine now” as “it’s a well-understood part of many peoples’ workflows” that can be used to justify it. As well as the view that there was nothing wrong with doing it the first time, so what’s wrong with doing it a second time?

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34 points

Yes, it was.

One human artist can, over a life time, learn from a few artists to inform their style.

These AI setups are telling ALL the art from ALL the artists and using them as part of a for profit business.

There is no ethical stance for letting billion dollar tech firms hoover up all the art ever created to the try and remix it for profit.

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23 points

No, it wasn’t. Theft is a well-defined word. When you steal something you take it away from them so that they don’t have it any more.

It wasn’t even a case of copyright violation, because no copies of any of Rutkowski’s art were made. The model does not contain a copy of any of the training data (with an asterisk for the case of overfitting, which is very rare and which trainers do their best to avoid). The art it produces in Rutkowski’s style is also not a copyright violation because you can’t copyright a style.

There is no ethical stance for letting billion dollar tech firms hoover up all the art ever created to the try and remix it for profit.

So how about the open-source models? Or in this specific instance, the guy who made a LoRA for mimicking Rutkowski’s style, since he did it free of charge and released it for anyone to use?

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19 points
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One human artist can, over a life time, learn from a few artists to inform their style.

These AI setups […] ALL the art from ALL the artists

So humans are slow and inefficient, what’s new?

First the machines replaced hand weavers, then ice sellers went bust, all the calculators got sacked, now it’s time for the artists.

There is no ethical stance for letting billion dollar tech firms hoover up all the art ever created to the try and remix it for profit.

We stand on the shoulders of generations of unethical stances.

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20 points
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I don’t like when people say “AI just traces/photobashes art.” Because that simply isn’t what happens.

But I do very much wish there was some sort of opt-out process, but ultimately any attempt at that just wouldn’t work

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5 points

People that say that have never used AI art generation apps and are only regurgitating what they hear from other people who are doing the same. The amount of arm chair AI denialists is astronomical.

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4 points

There’s nothing stopping someone from licensing their art in a fashion that prohibits their use in that fashion.
No one has created that license that I know of, but there are software licenses that do similar things, so it’s hardly an unprecedented notion.

The fact of the matter is that before people didn’t think it was necessary to have specific usage licenses attached to art because no one got funny feelings from people creating derivative works from them.

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13 points

pirating photoshop is a well-understood part of many peoples’ workflows. that doesn’t make it legal or condoned by adobe

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11 points

I don’t know what this has to do with anything. Nothing was “pirated”, either.

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25 points

no one’s art is being “stolen”. you’re mistaken.

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22 points

That’s true, but only in the sense that theft and copyright infringement are fundamentally different things.

Generating stuff from ML training datasets that included works without permissive licenses is copyright infringement though, just as much as simply copying and pasting parts of those works in would be. The legal definition of a derivative work doesn’t care about the techological details.

(For me, the most important consequence of this sort of argument is that everything produced by Github Copilot must be GPL.)

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19 points

That’s incorrect in my opinion. AI learns patterns from its training data. So do humans, by the way. It’s not copy-pasting parts of image or code.

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8 points
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It’s actually not copyright infringement at all.

Edit: and even if it was, copyright infringement is a moral right, it’s a good thing. copyright is theft.

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9 points

Aside from all the artists whose work was fed into the AI learning models without their permission. That art has been stolen, and is still being stolen. In this case very explicitly, because they outright removed his work, and then put it back when nobody was looking.

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4 points
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Let me give you a hypothetical that’s close to reality. Say an artist gets very popular, but doesn’t want their art used to teach AI. Let’s even say there’s even legislation that prevents all this artist’s work from being used in AI.

Now what if someone else hires a bunch of cheap human artists to produce works in a style similar to the original artist, and then uses those works to feed the AI model? Would that still be stolen art? And if so, why? And if not, what is this extra degree of separation changing? The original artist is still not getting paid and the AI is still producing works based on their style.

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