[ben_w]

> How? The restrictions on selling images of Mickey Mouse exist regarless of if they were created with or without AI assistance.

Scale.

GenAI automates creation of things that are derived from but strictly aren't the same as the original content; as it's (currently) not possible to automate the detection of derivative works (which is something copyright is supposed to be about), this means actual humans have to look at each case, and that's expensive and time consuming and O(n*m) on n new works that have to be compared against m existing in-copyright works for infringement.

I also think copyright is too long, FWIW; but the way most people discuss arts, I think humans can be grouped into "I just want nice stuff" and "I want to show off how cultured I am", and the latter will never accept GenAI even if it's an upload of the brain of their favourite artist, simply because when it becomes easy it loses value. I'm in camp "nice stuff".

[intended]

I feel this is true for the internet. I do not find scale being a valid defensive aspect for copyright here.

For that matter, Photoshop has made art creation so easy, that we dont need GenAI to be swiming in more copyright infringement than we know what to do with.

There is absurd amounts of content being created, no human will ever be able to see it all.

Copyright will continue to work - if someone creates a rip off so popular that it becomes an issue for copyright holders, the DMCA and the rest of the tools they forced into the fabric of the net still exist.

A few steps furhter down this argument, you get back to deep packet inspection, and the rest of the copyright wars which ended up making life worse.

[ben_w]

The internet is a lesser example, but yes, it is also true for a million fans posting their own fan art.

Arm those million fans with GenAI instead of pen and paper and MS Paint, and it gets more extreme.

But I disagree WRT Photoshop; that takes much more effort to get anything close to what GenAI can do, and (sans piracy) is too expensive for amateurs. Even the cheaper alternatives take a lot of effort to get passable results that take tens of seconds with GenAI.

[shkkmo]

> Arm those million fans with GenAI instead of pen and paper and MS Paint, and it gets more extreme

"More extreme" is not an explanation of how the change in scale matters here.

Indeed, what I would argue is there is no fundamental change in scale. Digital reproduction plus the internet already caused the change in scale. We already had the capacity for anyone to produce fan art and publish it or reproduce existing work and publish that. What has changed is not a question on quantity, but one of quality. Those fan artists now have tools so thay even the lower skilled artists can produce higher quality work.

Indeed, this is the real threat to artists from generative AI. Narrowing that skill gap is understandably threatening to those who make money with their artistic skills. I think trying to restrict the development of this technology is a losing battle. I think trying to do so by expanding the powers granted by copyright will exentuate the existing flaws with our modern copyright laws.

Instead, I'd prefer to solve that problem by reducing the strength of copyright. If we make AI generated or derived works un-copyrightable than companies that want to own copyright on their content will have to keep paying people to create it.

[shkkmo]

> actual humans have to look at each case, and that's expensive and time consuming and O(n*m) on n new works that have to be compared against m existing in-copyright works for infringement.

That scale already exists. The amount of community generated derivative works already dwarfs the capacity of copyright holders to review each piece. The ease of publishing reproductions already makes endorcement a question of priorizing the larger infringers and ignoring those with no reach.

Indeed, prohibitions of training on copyrighted work without a special license seem like they make it harder to develop the sorts of AI can detect derivitave works.

As case law makes clear that people running the prompts and picking the output to keep are liable for infrinent then there will be demand for tools to detect derivitave works and either filter or warn the user.