Is there a limit to how many jobs a person can take?

If the models were purely being used for research, I might buy the argument that fair use applies. But the fair use balancing act also incorporates an element of whether the usage is commercial in nature and is intended to compete with the rights holder in a way that affects their livelihood. Taking an artist’s work in order to mass produce pieces that replicates their style, in such a way that it prevents the artist from earning a living, definitely affects their livelihood, so there is a very solid argument that fair use ceased to apply when the generative AI entered commercial use.

Fair Use also protects commercial endeavors. Fair use is a flexible and context-dependent doctrine based on careful analysis of four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market. No one factor is more important than the others, and it is possible to have a fair use defense even if you do not meet all the criteria of fair use.

More importantly, I don’t think more works in a style would prevent an artist from making a living. IMO, it could serve as an ad to point people where to get “the genuine article”.

The people that made the AI models aren’t engaging in self-expression at this point. The users of the AI models may be, but they’re not the ones that used all the art without consent or compensation. The companies running the AI models are engaged purely in profit-seeking, making money from other people’s work. That’s not self-expression and it’s not discussion. It’s greed.

Agreed, but don’t forget that there are plenty of regular people training their own models and offering them to everyone for free who don’t have a company apparatus to defend them, and they are targeted and not spared this ire.

The AI models can combine concepts in new ways, but it still can’t create anything truly new. An AI could never have given us something like Cubism, for example, because visually nothing like it had ever existed before, so there would have been nothing in its training data that could have made anything like it.

Cubism is, in part, a combination of the simplified and angular forms of ancient Iberian sculptures, the stylized and abstract features of African tribal masks, and the flat and decorative compositions of Japanese prints. Nothing like it existed before because no one had combined those specific concepts quite yet.

What a human brings to the process is life experience and an emotional component that an AI lacks.

It is still a human making generative art, and they can use their emotions and learned experiences to guide the creation of works. The model is just a tool to be harnessed by people.

All an AI can do is combine existing concepts into new combinations (like combining fried eggs and flowers - both of those objects are existing concepts). It can’t create entirely new things that aren’t represented somewhere in its training data. If it didn’t know what fried eggs and flowers were, it would be unable to create them.

New tools have already made what you’re talking about possible, and they will continue to improve.

I’m actually fine with generative AI that uses only public domain and creative commons content. I’m not threatened by AI as a creative, because AI can only iterate on its own training data. Only humans can create something genuinely new and original.

I don’t like this kind of thought because it tries to minimize the role of the person at the controls. There is no reason why a person using a model trained on 1400s art, African art, anime, photography, cubism, sculpture, cullinary art, impressionism, nature, and ancient Greco-Roman etc. wouldn’t be able to come up with novel concepts, executions, and styles, since it’s very much a combination of styles that gives rise to new types of art in all other mediums. And that’s before you even start fine-tuning on your own stuff.

My objection is solely on the basis of theft. If we agree that everybody has the basic right to control their own data and content, than that logically has to extend to artists: they must have the right to control their own work, and consenting to humans viewing it isn’t the same as consenting to having it fed into an AI.

It isn’t like a human viewing it, but it is very like other protected uses of data. To quote the article:

Fair use protects reverse engineering, indexing for search engines, and other forms of analysis that create new knowledge about works or bodies of works. Here, the fact that the model is used to create new works weighs in favor of fair use as does the fact that the model consists of original analysis of the training images in comparison with one another.

This is just a way to analyze and reverse engineer concepts in images so you can make your own original works. Reverse engineering has been fair use since Sega Enterprises Ltd. v. Accolade, Inc in 1992, and then affirmed in Sony Computer Entertainment, Inc. v. Connectix Corporation.

In the US, fair use balances the interests of copyright holders with the public’s right to access and use information. There are rights people can maintain over their work, and the rights they do not maintain have always been to the benefit of self-expression and discussion. There are just some things you can’t stop people from doing with things you’ve shared with them, and we shouldn’t be trying to change that.

Calling this stealing is self-serving, manipulative rhetoric that unjustly vilifies people and misrepresents the reality of how these models work and how creative the people who use them can be.

I recommend reading this article by Kit Walsh, a senior staff attorney at the EFF if you haven’t already. The EFF is a digital rights group who most recently won a historic case: border guards now need a warrant to search your phone.

People are trying to conjour up new rights to take another piece of the public’s right and access to information. To fashion themselves as new owner class. Artists and everyone else should accept that others have the same rights as they do, and they can’t now take those opportunities from other people because it’s their turn now.

There’s already a model trained on just Creative Commons licensed data, but you don’t see them promoting it. That’s because it was not about the data, it’s an attack on their status, and when asked about generators that didn’t use their art, they came out overwhelmingly against with the same condescending and reductive takes they’ve been using this whole time.

I believe that generative art, warts and all, is a vital new form of art that is shaking things up, challenging preconceptions, and getting people angry - just like art should.

Their problem was that they smashed too many looms and not enough capitalists. AI training isn’t just for big corporations. We shouldn’t applaud people that put up barriers that will make it prohibitively expensive to for regular people to keep up. This will only help the rich and give corporations control over a public technology.

Endless logic puzzles.

I don’t think you have anything you need to apologize for.