this post was submitted on 26 Jan 2024
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But where is the infringement?
This NYT article includes the same several copyrighted images and they surely haven't paid any license. It's obviously fair use in both cases and NYT's claim that "it might not be fair use" is just ridiculous.
Worse, the NYT also includes exact copies of the images, while the AI ones are just very close to the original. That's like the difference between uploading a video of yourself playing a Taylor Swift cover and actually uploading one of Taylor Swift's own music videos to YouTube.
Even worse the NYT intentionally distributed the copyrighted images, while Midjourney did so unintentionally and specifically states it's a breach of their terms of service. Your account might be banned if you're caught using these prompts.
Do Training weights have the data? Are the servers copying said data on a mass scale, in a way that the original copyrighters don't want or can't control?
The answer to that question is extensively documented by thousands of research papers - it's not up for debate.
If someone wants to read one of those papers, I can recommend Extracting Training Data from Diffusion Models. It shouldn't be too hard for someone with little experience in the field to be able to follow along.