I fundamentally disagree with this, and didn't initially grasp how you had come to this conclusion, however,Travis B. wrote: ↑Mon Aug 29, 2022 1:33 pmThe problem with that argument is then works created by an artist who has viewed others' copyrighted works is automatically making derivative works from them simply by having seen them, if one wants to be consistent.Rounin Ryuuji wrote: ↑Mon Aug 29, 2022 1:30 pm It seems to be that a number of us (myself included) consider the act of training an AI on copyrighted work, without proper licensing, the preparation of a derivative work (the AI's ability to make images seems to be directly derived from the images on which it has been trained), and consequently an act of plagiarism in itself.
I would also fundamentally disagree with this analysis. As far as my awareness of what artificial intelligence can and cannot now do goes, the thing that the human brain possesses that artificial intelligence does not is consciousness.
I would first return to consciousness for this, too. The AI is a machine designed to take copyrighted works and produce new things specifically from them, and without any capacity for what would make a human-produced work (the input of consciousness that machines do not appear to now possess, changing it in such a way as the initial elements that make one work distinct have all been transfigured into new ones) not a derivative. Where the line is is a matter of debate (and a debate best left to the creators themselves)....
Sure, an AI running on a computer is designed by humans whereas the human brain is not, but that should not exempt the human brain in any fashion. Why is an AI being trained on copyrighted works automatically seen as creating derivative works (even when it does not specifically plagiarize others' works) whereas a human brain trained on copyrighted works is not (unless it actually commits plagiarism)?
Perhaps more importantly, the AI is also itself a copyrightable work derived from copyrighted works in a probably-illegal, and certainly unethical, fashion. A human brain, though it may absorb ideas from copyrighted material, does not have any capacity whose very existence is predicated on intellectual property theft (the ability for the brain to do this evolved at some uncertain point in the past through what would appear to be natural biological processes).
Producing a copyrighted work directly from another copyrighted work (AI from art) would be logically "derivation" of the one from the other. The human brain is not derived from such a process. This considered, the similarity of the function is irrelevant. What the derivative work is designed to do (and that it is an AI rather than a drawing or work of fiction) is also irrelevant. It's a simple matter of, "You don't get to take what isn't yours without consent."
To simplify, (1) the human brain's capacity to produce material is not predicated on the human brain itself being the result of theft; (2) the human brain is also conscious, and processes all intake through a filter of unique experience, making it capable of the sorts of transformations that differentiate inspiration from derivation. If an artificial intelligence were capable of conscious self-expression, I would instead advocate for it to have the same intellectual property rights as biological organisms (and presumably be using neutral sentient being pronouns rather than those for inanimate objects).