Image compliance?

#35
by MetalRavioli - opened

Are images created by this software CC compliant? If not, what are the images licensed under?

Copyright law on AI-generated images isn't entirely settled, but in general case law suggests that in most jurisdictions the AI (and animals and nonhumans in general) cannot be considered the author. Whether the user should be considered the author is less settled, mostly because no one is greatly motivated to argue against it, but if not the only remaining option is for the work to be public domain.

That said, even if the direct output were considered public domain, there is no obligation for the public domain work to be published as is, and any derivative work made from it by the user would be pretty indisputably theirs.

So, the images are either public domain, or the users', there isn't really any third option. And if public domain, a de-minimis derivative work would be the users' anyway.

Of course, IANAL, IANYL, TINLA, etc.

P. S. Yes, under any reasonable legal theory the images could be licensed by you (the user) under the Creative Commons license of your choice.

The AI may give you original work, wich I believe would be copyright free, or perhaps it's your copyright, if it is the result of a complex prompt that required thought and artistry. But often it also gives you images that are nearly identical or that plagiarizes copyrighted work, and in that case you cannot use those images without permission from the original author.

So using those images is always legally risky.

Thank you, these comments are very helpful. I鈥檒l see if I can get any confirmation from a creator before using anything, as licensing not being specified are always risky.

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