this post was submitted on 26 Jan 2024
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When they asked for an Italian video game character it returned something with unmistakable resemblance to Mario with other Nintendo property like Luigi, Toad etc. ... so you don't even have to ask for a "screencapture" directly for it to use things that are clearly based on copyrighted characters.
you're still asking for a character from a video game, which implies copyrighted material. write the same thing in google and take a look at the images. you get what you ask for.
you can't, obviously, use any image of Mario for anything outside fair use, no matter if AI generated or you got it from the internet.
But the AI didn't credit the clear inspiration. That's the problem, that is what makes it theft: you need permission to profit off of the works of others.
but that's exactly what I said. you can't grab an image of Mario from google and profit from it as you can't draw a fan art of Mario and profit from it as well as you can't generate an image of Mario and profit from it.
It doesn't matter if you're generating it with software or painting it on canvas, if it contains intellectual property of others, you can't (legally) use it for profit.
however, generating it and posting it as a meme on the internet falls under fair use, just like using original art and making a meme.
The users are allowed to ask for those things
The AI company should not be allowed to give it in return for monetary gain.
Also ask literally any human and they’ll probably name Mario first. Not just top 10, number 1.
If you asked me to draw an Italian video game character, I'd draw Mario too. Why can't an AI make copyrighted character inspired pics as long as they aren't being sold?
You credited it just now as Mario, a Nintendo property, which the AI failed to do. Plus, if you were paid to draw Mario then you'd have broken laws about IP. Why don't those same rules apply to AI?
Well that’s exactly the problem. If people use AI generated images for commercial purposes they may accidentally infringe on someone else’s copyright. Since AI models are a black box there isn’t really a good way to avoid this.
Sure there is, force the AI to properly credit artists and if they don't have permission to use the character then the prompt fails. Or the AI operators have no legal rights to charge for services and should be sued into the ground.