@nishio: I had a sense of dĂ©jĂ vu when someone started saying âno AI learningâ⊠I was thinking, âno unauthorized linksâ.
@fladdict: a well put together article by a real professional. Long but important for everyone to read. Reading⊠Midjourney, Stable Diffusion, mimic and other image auto-generating AI and copyright | STORIA Law Firm
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âI will prohibit you from using my illustrations for AI learningâ⊠In the first place, such a statement may be invalid in violation of Article 30-4 of the Copyright Act, and even if it does not violate Article 30-4 of the Copyright Act, a unilateral statement cannot be concluded as a contract. such a representation is meaningless, at least from a legal standpoint.
- Image generation AI and copyright
- Related Article 30-4 of the Copyright Act.
@hrjn: if you combine crawler avoidance and warning people who try to download manually, I think it could be prevented in a different way than copyright. Itâs illegal to circumvent technical protection measures. However, Iâm not sure to what extent this applies, since I think the usual means of protection refers to encryption and CRM.
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@nishio: @hrjn Iâd like to leave the detailed discussion to the experts
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In the case of provisions restricting rights for public interest purposes, it is considered that the public interest takes precedence over the will of the copyright holder, etc. Therefore, even if the use involves circumvention of technological protection measures, it cannot be said at present that the economic interests of the copyright holder, etc. are likely to be significantly impaired.
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I feel that it is a borderline where I canât participate in the discussion with my miscellaneous knowledge, because this time âcircumvention of technical protection measures is illegalâ or âyou can override if you sign a contractâ which I thought before reading the original article is denied by the experts.
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The denial of âYou can override if you sign a contract, right?â is the part here.
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There is a considerable possibility that overriding clauses restricting the act of using copyrighted works for AI learning, etc., will be invalid to the extent that they are contrary to public policy (âReport of the Study Group on New IP System Issuesâ) --- Midjourney Stable Diffusion, mimic, and other automatic image generation AIs and copyrights | STORIA Law Office
- I thought, âIf I sign a contract, of course I can get an override,â but I was surprised to find out that I might not be able to do that either.
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In the discussion of fine tuning, I saw the claim that fine tuning is not information analysis because it does not use numerous works. After checking, we found that âinformation analysisâ is defined in the second paragraph of Article 30-4 as âextracting, comparing, classifying, or otherwise analyzing information pertaining to language, sound, images, and other elements that constitute said information from a large number of works or other large amounts of information. So, the argument is that fine tuning with a few images of a single author is not âinformation analysisâ because it does not satisfy the âmanyâ requirement. I certainly agree~.
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