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> would this be a copyright violation or not?

It would be. When a human does this, does it invalidate the human's ability to create any new work at all? Should we chain up anyone who violated copyright by perfectly recalling someone's art in memory and re-drawing it from heart, since we cannot trust them to ever create an original work again?



Copyright is (mostly) not about copying for your own use, but about commercial exploitation. This topic has been discussed to death since at least the Sony Walkman. Nothing of this is new or different just because an algorithm is now involved.

If you copy for your own use only, that's totally fine - or at most a legal greyzone, in the end nobody will care about such personal use copies. If you use AI to generate pretty pictures to hang up in your home, totally fine too.

As soon as you start making money with this stuff though it becomes an actual problem.

It's really as simple as that.

Even the 'generative art aspect' has already been settled long ago when music sampling became popular and required a legal framework.


Software and human beings are two different sorts of things and should be treated differently.




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