Comment by kg
3 years ago
Google is not presently selling "we trained an AI on people's art without permission, and you can type their name in along with a prompt to generate a knockoff of their art, and we charge you money for this". So it's not really a 1:1 comparison, since there are companies selling the thing I described right now.
That pretty clearly would fall under transformative work. It is not illegal for a human to paint a painting in the style of, say, Banksy, and then sell the resulting painting.
Humans and AI are not the same thing, legally or physically. The law does not currently grant AI rights of any kind.
If a human isn't violating the law when doing that thing, then how is the machine violating the law when it cannot even hold copyright itself?
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What's not prohibited is allowed, at least in the US.