AI Copyright

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  • Do you know if I can create an AI image, and modify it on remini, or any other platform, will it cause any copyright issues? (Remember that the generated images They are characters that do not exist)

    Usage example

  • Do AI issues have copyright issues? Yes.

    Will they affect you or do you care? That is up to you.

  • Aah I see, thanks for the help

  • AI art can not be copyrighted (at least in the United States) because the copyright office doesn't accept it if it's not made by a human. So if you use AI art to make a character, anyone can steal that character from you and make money from your success. You don't have any protection. Think of AI art as open source, currently.

    The legal issues are that most AI are illegally trained on copyrighted art. There's a lot of investigations into AI, lawsuits against AI companies, etc. that will complicate its usage in the future. The copyright office is considering allowing art styles to be protected in the future, to better protect artists, and if your AI art is trained on that style, it might cause you legal issues at a later date.

    I think if you use AI art as inspiration and/or heavily modify it by hand, you should be fine. Artists have been doing that sort of thing since forever. Take something, put your own spin on it and make it your own.

  • Thanks for your help friend, it's because the images I'm going to use are just for illustration, for example, an image of a fireball, the image will be used just to illustrate, but the animation will be mine, So there's no problem right?

  • I wouldn't recommend taking legal advice from a public web forum. There very well could be a problem with what you're describing. I assume what you're describing would be considered a derivative work, which provides very minimal protections if someone were to pursue a lawsuit for say AI art derived from their style. Enforcement situations are fluid and subject to more complex interpretations of the law, which include previous case work and court rulings. This will continue to be the case even if copyright law referring to AI art is updated in your country.

    I would not recommend using AI art primarily (edit: from a legal perspective, for the reasons mentioned above. i don't recommend using it personally, either, but that part is up to you). If you're using it just to generate ideas and then drawing your own fireball sprites, that wouldn't be considered a derivative work under US copyright law--only if you use portions of other published works (for example, sampling a song, or downloading a png of say a film poster or screen, or art from someone's social media, and using a portion or the entirety of that art in your game, even with modifications.) The actual enforcement of derivative works depends largely on the decision of the person or persons whose work you are sampling. Again, I am not a lawyer and you should not seek legal advice on public forums.

  • I am also not a lawyer, but I believe part of the problem is that AI is still new enough that copyright law hasn't caught up yet, so there are lots of unknowns. Perhaps it's fine, or perhaps you'll be infringing copyright. You might need to wait until the situation becomes clearer.

    I've also seen cases where AI image generators are able to create obviously copyrighted or trademarked images. It's obvious enough to see if it generated Mario, which is a Nintendo copyright, but how do you know if it generated something else obviously copyrighted that you're not already familiar with? It's a difficult question and it's not clear to me how AI image generators can completely solve that problem.

    But yeah, I don't think anyone you'll talk to on this forum is able to offer proper legal advice, so this is probably all just speculation.

  • Aahh I see, thanks Squibble paxclara Ashley For the help

  • For those who use AI-generated content, I advise you to carefully read the user agreement of the service where you generate content. Not all tariffs consider the generated content to be yours. Very often the ownership rights remain with the AI owner.

  • igortyhon Can you tell me if you know of any AI that generates images without copyright? I will still modify it.

  • igortyhon Can you tell me if you know of any AI that generates images without copyright? I will still modify it.

    I only use AI to generate reference ideas, I think it's the best method.

    I have never used it in its pure form, so I haven't studied it.

  • igortyhon Can you tell me if you know of any AI that generates images without copyright? I will still modify it.

    I don't think any AI platforms like Midjourney or Leonardo.AI generates images without any potential copyright. That's why you must generate images that deem nothing similar to known IPs.

    I have a tool that I've been developing in Construct 3 that I will be releasing this Sunday (10/20/2024) that I will post here on the forums. Maybe it can help you with your prompt generation journey.

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  • I just want to point out you might find an AI image generating service that says in its terms that the images have no copyright, but it could still generate copyrighted or trademarked content, like images clearly depicting Mario from Nintendo games. Does the fact the AI company saying "these images have no copyright" override Nintendo's copyright for Mario? It's not clear, and I suspect the answer may end up being no. In that case the AI company can't make any promises about the copyright of the generated content. They may try to claim the generated content has no copyright, but it might actually generate content which someone else owns the copyright for, which you could then get in to trouble for.

    This is all speculation, but I think there could be messy consequences for some people...

  • Sorry to turn this into a discussion vs an answer type tread. I also am not a lawyer lol.

    I agree with igortyhon I use AI every day to help with jewelry design. Very helpful but the end product is always edited digitally and even more so in the fabrication phase that I feel no bond to copyright.

    I think its going to get real interesting with AI when you consider parody or fair use. Most people think that you should have the artistic freedom to mock some source intellectual property. In a way it seems like freedom of speech (USA). However its always better to ask. 100% if it is for profit. Companies owning the "AI" will be unapproachable in this respect I fear vs being able to talk to a person.

    Example:

    "Space Balls" George Lucas gave the ok but with terms for no merch etc.

    I think use AI as a tool in the creative process but make it your own in the end.

  • If your game is successful enough that anybody cares you can worry about it then and should be happy you have the problem. Everybody and their dog is using AI art for their new games.

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