this post was submitted on 26 Jan 2024
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...and they are also infringing copyright if they have not been given a right to copy that work.
Maybe you weren't trying to make the point I thought you were.
I assumed you were trying to say that a human can draw a picture of (for example) the Joaquin Phoenix Joker and not be committing copyright infringement, therefore an AI can do the same. I was pointing out that the basis of that argument is false. A human drawing that would be infringing the copyright.
Not from memory, without looking at the original during painting - at least not to this level of detail. No human will just incidentally "learn" to draw such a near-perfect copy. Not unless they're doing it on purpose with the explicit goal of "learn to re-create this exact picture". Which does not describe how any humans typically learn.