About putting other people's works in img2img

@nishio: “It is impossible to specify a complex composition in a prompt”, “However, if I use a photo taken by someone else I need to improve my drafting skills. Paradoxical conclusion!

Midjourney, Stable Diffusion, mimic and other image auto-generating AIs and copyright (Part 2) | STORIA Law FirmImage Generating AI and Copyright

If the AI user is an individual, the act of inputting an existing image into a model is an act of “reproduction” of the existing image. It is also highly possible that the case falls under “a case in which the purpose is not to enjoy oneself or to make others enjoy the ideas or feelings expressed in the work” under Article 30-4, Pillar 4 of the Copyright Act, as the creative expression of the existing image is not being used. In any case, we believe that “the act of inputting existing images into the model by the AI user” does not constitute copyright infringement in this pattern.

The criteria for judging similarity in court are clear: “the essential expressive characteristics of the existing work must be directly perceptible” in order for “similarity” to be affirmed, and the following criteria are used

Ha, I see. So it’s not a matter of putting it in itself, but that what comes out is “directly perceptible to the essential expressive characteristics of the existing work” that is the dividing line in the decision?

• Keep the data so that you can quickly look up at your own hand what you put in, and if someone says it’s not a cliche…
  • First of all, check which specific image you’re claiming to be a clone of, and then check which image you’re claiming to be a clone of.
  • A: If the image pointed out is different from the actual input
    • Pattern 3: Infringement, but neither intentional nor negligent, so you get an injunction but are not liable for damages
  • B: If identical
    • I release it because I judged that it is not similar, and the copyright holder judged that it is similar.
    • Ultimately, it’s a question of whether the court will find them similar.
    • Judging by the cost and return of contention
  • I guess.

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