Isn’t it just fair use? Reading the four factor test for fair use it seems like these generative models should be able to pass the test, if each artwork contributes only a small part to a transformative model that generates novel output. The onus will be on demonstrating that the model does not reproduce works wholesale on demand, which currently they sometimes still do.
Arguably also, the copy is achieved at generation time, not training time, so the copyright violation is not in making the model or distributing it, but in using it to create copies of artworks. The human artist is the same: in their brain is encoded the knowledge to create forbidden works, but it is only the act of creating the work which is illegal, not the ability. The model creators might still be liable for contributory infringement though.
Anyway, I reject the notion that any use of unlicensed copyrighted works in training models is wrong. That to me seems like the homeopathic theory of copyright, it’s just silly. If copyright works that way we might as well put a cross over AGI ever being legal.
Should the model be allowed to train on the copyrighted image in the first place? I think, the answer is no. If I'm an artist, I don't volunteer my art for you to do what you please.
Now consider that these systems are already being used for profit, before this matter has even been settled.
Arguably also, the copy is achieved at generation time, not training time, so the copyright violation is not in making the model or distributing it, but in using it to create copies of artworks. The human artist is the same: in their brain is encoded the knowledge to create forbidden works, but it is only the act of creating the work which is illegal, not the ability. The model creators might still be liable for contributory infringement though.
Anyway, I reject the notion that any use of unlicensed copyrighted works in training models is wrong. That to me seems like the homeopathic theory of copyright, it’s just silly. If copyright works that way we might as well put a cross over AGI ever being legal.