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Lee Duna@lemmy.nz to Technology@lemmy.worldEnglish · 1 year ago

Nightshade, the free tool that ‘poisons’ AI models, is now available for artists to use

venturebeat.com

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Nightshade, the free tool that ‘poisons’ AI models, is now available for artists to use

venturebeat.com

Lee Duna@lemmy.nz to Technology@lemmy.worldEnglish · 1 year ago
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The tool's creators are seeking to make it so that AI model developers must pay artists to train on data from them that is uncorrupted.
  • gapbetweenus@feddit.de
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    1 year ago

    The tool’s creators are seeking to make it so that AI model developers must pay artists to train on data from them that is uncorrupted.

    That’s not something a technical solution will work for. We need copyright laws to be updated.

    • Even_Adder@lemmy.dbzer0.com
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      1 year ago

      You should check out this article by Kit Walsh, a senior staff attorney at the EFF. The EFF is a digital rights group who recently won a historic case: border guards now need a warrant to search your phone.

      A few quotes:

      First, copyright law doesn’t prevent you from making factual observations about a work or copying the facts embodied in a work (this is called the “idea/expression distinction”). Rather, copyright forbids you from copying the work’s creative expression in a way that could substitute for the original, and from making “derivative works” when those works copy too much creative expression from the original.

      Second, even if a person makes a copy or a derivative work, the use is not infringing if it is a “fair use.” Whether a use is fair depends on a number of factors, including the purpose of the use, the nature of the original work, how much is used, and potential harm to the market for the original work.

      and

      Even if a court concludes that a model is a derivative work under copyright law, creating the model is likely a lawful fair use. Fair use protects reverse engineering, indexing for search engines, and other forms of analysis that create new knowledge about works or bodies of works. Here, the fact that the model is used to create new works weighs in favor of fair use as does the fact that the model consists of original analysis of the training images in comparison with one another.

      • gapbetweenus@feddit.de
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        1 year ago

        Yeah, that’s what I’m saying - our current copiright laws are insufficient to deal with AI art generation.

        • Even_Adder@lemmy.dbzer0.com
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          They aren’t insufficient, they are working just fine. In the US, fair use balances the interests of copyright holders with the public’s right to access and use information. There are rights people can maintain over their work, and the rights they do not maintain have always been to the benefit of self-expression and discussion. We shouldn’t be trying to make that any worse.

          • Dkarma@lemmy.world
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            1 year ago

            Yep. Copyright should not include “viewing or analyzing the picture” rights. Artists want to start charging you or software to even look at their art they literally put out for free. If u don’t want your art seen by a person or an AI then don’t publish it.

            • EldritchFeminity@lemmy.blahaj.zone
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              Copyright should absolutely include analyzing when you’re talking about AI, and for one simple reason: companies are profiting off of the work of artists without compensating them. People want the rewards of work without having to do the work. AI has the potential to be incredibly useful for artists and non artists alike, but these kinds of people are ruining it for everybody.

              What artists are asking for is ethical sourcing for AI datasets. We’re talking paying a licensing fee or using free art that’s opt-in. Right now, artists have no choice in the matter - their rights to their works are being violated by corporations. Already the music industry has made it illegal to use songs in AI without the artist’s permission. You can’t just take songs and make your own synthesizer out of them, then sell it. If you want music for something you’re making, you either pay a licensing fee of some kind (like paying for a service) or use free-use songs. That’s what artists want.

              When an artist, who does art for a living, posts something online, it’s an ad for their skills. People want to use AI to take the artist out of the equation. And doing so will result in creativity only being possible for people wealthy enough to pay for it. Much of the art you see online, and almost all the art you see in a museum, was paid for by somebody. Van Gogh died a poor man because people didn’t want to buy his art. The Sistine Chapel was commissioned by a Pope. You take the artist out of the equation and what’s left? Just AI art made as a derivative of AI art that was made as a derivative of other art.

              • Even_Adder@lemmy.dbzer0.com
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                1 year ago

                You should check out this article by Kit Walsh, a senior staff attorney at the EFF. The EFF is a digital rights group who recently won a historic case: border guards now need a warrant to search your phone.

                • EldritchFeminity@lemmy.blahaj.zone
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                  1 year ago

                  MidJourney is already storing pre-rendered images made from and mimicking around 4,000 artists’ work. The derivative works infringement is already happening right out in the open.

                  • Even_Adder@lemmy.dbzer0.com
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                    1 year ago

                    Something being derivative doesn’t mean it’s automatically illegal or improper.

                    First, copyright law doesn’t prevent you from making factual observations about a work or copying the facts embodied in a work (this is called the “idea/expression distinction”). Rather, copyright forbids you from copying the work’s creative expression in a way that could substitute for the original, and from making “derivative works” when those works copy too much creative expression from the original.

                    Second, even if a person makes a copy or a derivative work, the use is not infringing if it is a “fair use.” Whether a use is fair depends on a number of factors, including the purpose of the use, the nature of the original work, how much is used, and potential harm to the market for the original work.

                    Even if a court concludes that a model is a derivative work under copyright law, creating the model is likely a lawful fair use. Fair use protects reverse engineering, indexing for search engines, and other forms of analysis that create new knowledge about works or bodies of works. Here, the fact that the model is used to create new works weighs in favor of fair use as does the fact that the model consists of original analysis of the training images in comparison with one another.

                    You are expressly allowed to mimic others’ works as long as you don’t substantially reproduce their work. That’s a big part of why art can exist in the first place. You should check out that article I linked.

    • Marcbmann@lemmy.world
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      1 year ago

      The issue is simply reproduction of original works.

      Plenty of people mimic the style of other artists. They do this by studying the style of the artist they intend to mimic. Why is it different when a machine does the same thing?

      • teichflamme@lemm.ee
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        It’s not. People are just afraid of being replaced, especially when they weren’t that original or creative in the first place.

    • Sybil@lemmy.world
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      1 year ago

      copyright laws need to be abolished

      • ForgotAboutDre@lemmy.world
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        That would make it harder for creative people to produce things and make money from it. Abolishing copyright isn’t the answer. We still need a system like that.

        A shorter period of copyright, would encourage more new content. As creative industries could no longer rely on old outdated work.

        • Sybil@lemmy.world
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          1 year ago

          That would make it harder for creative people to produce things and make money from it

          no, it would make it easier.

          it would be harder to stop people from making money on creative works.

          • ForgotAboutDre@lemmy.world
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            1 year ago

            You write a book, people start buying that book. Someone copies that book and sells it for 10 pence on Amazon. You get nothing from each sale.

            You write a song and people want to listen to it. Spotify serves them that song, you get nothing because you have no right to own your copy.

            • Richard@lemmy.world
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              That’s how free/libre and open-source software has worked since forever. And it works just fine. There is no need for an exclusive right to commercialise a product in order for it to be produced. You are basically parroting a decades old lie from Hollywood.

      • UnderpantsWeevil@lemmy.world
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        1 year ago

        Truly a “Which Way White Man” moment.

        I’m old enough to remember people swearing left, right, and center that copyright and IP law being aggressively enforced against social media content has helped corner the market and destroy careers. I’m also well aware of how often images from DeviantArt and other public art venues have been scalped and misappropriated even outside the scope of modern generative AI. And how production houses have outsourced talent to digital sweatshops in the Pacific Rim, Sub-Saharan Africa, and Latin America, where you can pay pennies for professional reprints and adaptations.

        It seems like the problem is bigger than just “Does AI art exist?” and “Can copyright laws be changed?” because the real root of the problem is the exploitation of artists generally speaking. When exploitation generates an enormous profit motive, what are artists to do?

    • AngryCommieKender@lemmy.world
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      Disney lawyers just started salivating

      • UnderpantsWeevil@lemmy.world
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        Seems like Disney is as eager to adopt this technology as anyone

        A few goofy Steamboat Willie knock offs pale beside the benefit of axing half your art department every few years, until everything is functionally a procedural generation.

        • Even_Adder@lemmy.dbzer0.com
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          They’re playing both sides. Who do you think wins when model training becomes prohibitively expensive to for regular people? Mega corporations already own datasets, and have the money to buy more. And that’s before they make users sign predatory ToS allowing them exclusive access to user data, effectively selling our own data back to us.

          Regular people, who could have had access to a competitive, corporate-independent tool for creativity, education, entertainment, and social mobility, would instead be left worse off and with less than where we started.

          • UnderpantsWeevil@lemmy.world
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            Who do you think wins when model training becomes prohibitively expensive to for regular people?

            We passed that point at inception. Its always been more efficient for Microsoft to do its training at a 10,000 Petaflop giga-plant in Iowa than for me to run Stable Diffusion on my home computer.

            Regular people, who could have had access to a competitive, corporate-independent tool for creativity, education, entertainment, and social mobility

            Already have that. It’s called a $5 art kit from Michael’s.

            This isn’t about creation, its about trade and propagation of the finished product within the art market. And its here that things get fucked, because my beautiful watercolor that took me 20 hours to complete isn’t going to find a buyer that covers half a week’s worth of living expenses, so long as said market place is owned and operated by folks who want my labor for free.

            AI generation serves to mine the market at near-zero cost and redistribute the finished works for a profit.

            Copyright/IP serves to separate the creator of a work from its future generative profits.

            But all this ultimately happens within the context of the market itself. The legal and financial mechanics of the system are designed to profit publishers and distributors at the expense of creatives. That’s always been true and the latest permutation in how creatives get fucked is merely a variation on a theme.

            instead be left worse off and with less than where we started.

            AI Art does this whether or not its illegal, because it exists to undercut human creators of content by threatening them with an inferior-but-vastly-cheaper alternative.

            The dynamic you’re describing has nothing to do with AI’s legality and everything to do with Disney’s ability to operate as monopsony buyer of bulk artistic product. The only way around this is to break Disney up as a singular mass-buyer of artwork, and turn the component parts of the business over to the artists (and other employees of the firm) as an enterprise that answers to and profits the people generating the valuable media rather than some cartel of third-party shareholders.

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