this post was submitted on 26 Jan 2024
673 points (97.9% liked)
Technology
60091 readers
2729 users here now
This is a most excellent place for technology news and articles.
Our Rules
- Follow the lemmy.world rules.
- Only tech related content.
- Be excellent to each another!
- Mod approved content bots can post up to 10 articles per day.
- Threads asking for personal tech support may be deleted.
- Politics threads may be removed.
- No memes allowed as posts, OK to post as comments.
- Only approved bots from the list below, to ask if your bot can be added please contact us.
- Check for duplicates before posting, duplicates may be removed
Approved Bots
founded 2 years ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
That is transformative work. Remixes are tranaformative work. Impersonations are transformative work.
Using a source and shuffling it around, then repackaging it as "from the same source" is not transformative work. It's copyright infringement.
I think it'd be entirely plausible to argue that, while transformative, current generative AI usage often falls short on the other fair use factors.
I don't really see how it can be argued that the linked example - relatively minor edits to a photograph - are more transformative than generative AI models. What is your criteria here?
Take a Nike shoe. Draw a large dick on the shoe. Try selling it as a Nike Shoe.
Vs.
Take a Nike Shoe. Draw a large dick on the shoe. Sell it as a piece of art. (As commentary on capitalism, etc)
Do you feel that one is copyright infringement and the other is a piece of transformative work?
Neither example is copyright infringement. The first-sale doctrine allows secondary markets - you are fine by copyright to sell your bedicked shoes to someone.
You're not just reselling, so the doctrine doesn't apply.
By selling the bedicked shoe as Nike you are implying that Nike has made this "offensive" shoe and are selling it.
If you do lie to the buyer that it was a brand new Nike shoe, it'd be the concern of the sales contract between you and the buyer, and trademark law.
I'll call it
"Brand new shoes by Nike"
And add a disclaimer
"This is not brand new shoes from Nike".
Do you think it will protect me from Nike?
You'd have to be careful about Nike's trademark and the sales contract between you and the buyer. In the George Carlin case, neither of these apply.