⟁ The Copyright Wars Begin: Getty Images vs. Stability AI ⟁
By Vinicius "Vinnie" Moura and ChatGPT
Copyright wars have been fought throughout history as new technologies have emerged and changed the way creative works are produced, distributed, and consumed. On Tuesday, Getty Images, a US-based company that distributes stock images and news photos, including those of AFP, threatened to sue tech company Stability AI for allegedly illegally copying millions of photos for use in their artificial intelligence (AI) art tool, Stable Diffusion.
Getty Images claims that Stability AI is profiting from its pictures and those of its partners without permission. The question of copyright is still in dispute, with creators and artists arguing that the tools infringe their intellectual property and AI firms claiming they are protected under "fair use" rules.
The popularity of tools like Stable Diffusion and Dall-E 2 skyrocketed last year, quickly becoming a global sensation with absurd images in the style of famous artists flooding social media. However, the increased visibility also attracted the attention of artists, photographers, other creators, and their lawyers. Stability AI is already facing a class action lawsuit in the United States, launched last week by three artists who claim their copyright has been infringed. Getty Images has also started legal proceedings at the High Court in London.
According to Getty Images, "It is Getty Images' position that Stability AI unlawfully copied and processed millions of images protected by copyright." They also stated that they had provided licenses tailored to firms that wanted to train AI models, but Stability AI did not seek any such license from Getty Images. Instead, they believe, Stability AI chose to ignore viable licensing options and long-standing legal protections in pursuit of their stand-alone commercial interests. Stability AI did not immediately reply to an AFP request for comment.
Two-Perspectives
The argument for AI infringing on copyright laws is that the use of AI to create art does not negate the fact that the images used as input for the AI are protected by copyright. Just because the AI may manipulate or alter the images in some way does not give it the right to use them without permission from the copyright holder. In addition, the fact that the AI-generated images may be used for commercial gain, such as in the case of Stability AI's Stable Diffusion tool, further supports the argument that this is a clear violation of copyright law.
The argument against AI infringing on copyright laws is that AI is not illegally copying millions of photos for use in their artificial intelligence (AI) art tool, but rather using them in a transformative way that constitutes fair use. The use of pre-existing images as input for an AI to create new, unique works can be considered a transformative use, which is protected under the fair use doctrine. Furthermore, the fact that the AI may not be able to identify the individual images it uses, and the final output is not identical to the input images, it could be argued that there is no direct copy made by the AI. Additionally, the use of these images in AI art may be seen as a new form of expression that is protected by the freedom of speech.
It is important to note that laws and regulations about this area may vary by country or jurisdiction, and ultimately it would be up to the court to decide if the use of AI constitutes copyright infringement or not.
Wrapping Up
In a world where technology is rapidly advancing, it's important to consider how it will impact the way we create, share, and consume art. As AI continues to evolve, it has the potential to revolutionize the art industry and open up new possibilities for creators and consumers alike. However, as with any new technology, there are bound to be challenges and legal disputes.
Copyright laws have always been at the forefront of these debates, with creators and artists arguing for the protection of their intellectual property and tech companies claiming "fair use" rights. It's important to remember that these disputes are not unique to the age of AI and have been faced throughout history with new technologies.
It's important to approach these disputes with an open mind and to remember that the laws and regulations may vary by country or jurisdiction. The most important thing is to strive for a balance between protecting the rights of creators and artists, and fostering innovation and progress in the tech industry.
As we move forward, let's work together to find solutions that benefit everyone. Let's not be discouraged by the challenges we face, instead, let's embrace the opportunities and possibilities that AI brings to the art world. The future is exciting and full of potential, let's make sure we shape it in a way that benefits us all.
Source:
https://www.barrons.com/news/getty-images-targets-ai-firm-for-copying-photos-01673961609
https://www.cnn.com/2023/01/17/tech/getty-images-stability-ai-lawsuit/index.html