“We conclude that Ms. Kashtanova is the author of the Work’s text as well as the selection, coordination, and arrangement of the Work’s written and visual elements. That authorship is protected by copyright. […]
“However, as discussed below, the images in the Work that were generated by the Midjourney technology are not the product of human authorship.”
“Because the current registration for the Work does not disclaim its Midjourney-generated content, we intend to cancel the original certificate issued to Ms. Kashtanova and issue a new one covering only the expressive material that she created.”
Full letter from the USCO is available on their website
The named artists bringing the class action included references to haveibeentrained.com as proof that their works were used for the Stable Diffusion and Midjourney tools.
The complaint dives into how each company developed its specific tool & then offered them to the public.
The complaint dives deep into the details of how Stable Diffusion works. It also highlights how Stability paid LAION ("Large-Scale Artificial Intelligence Open Network") to put together LAION-5B, a dataset of 5.85 billion images.
A class action was filed in 2019 by a class of children against both Google and YouTube, as well as numerous kids and family media channels, including
Ryan's World,
CookieSwirlC,
Cartoon Network,
Hasbro,
Mattel, Inc.,
DreamWorks Animation, and more.
❓Why❓
The use of "targeted advertising, powered by persistent identifiers, that allowed Google and YouTube to collect data and track the online behavior of children without proper parental consent."
I have some thoughts on a bit of what was shared by Alfred David Steiner in this @NYSBA article exploring #copyright and #NFTs#NFTCollections, specifically those like #BAYC.
The article gives 4️⃣ “reasons why a ‘CryptoPunk’ may not merit copyright protection”, each of which I will respond to in order…
Let’s go! 😀
1️⃣ “It lacks a minimum of creative authorship”
🚫 no, there is a human authorship element that is merely assisted by computer software. Also, the underlying assets are also protectable as works eligible for copyright protection.
👉 When an audience becomes a customer, it can dramatically change the relationship. Creators, and their mod teams, need to ensure they understand how to manage customer relations.
This subscription offering may be different to manage than that of other platform subscriptions or purchases, such as on YT or Twitch, and more akin to Patreon.