alt Hacker NewsWhy would ChatGPT be sued exactly? They didn’t publish the picture, they did what the user asked. The user is responsible because they directed the creation and publishing. The user is the entity who should be sued. Or dmca’d. Or whatever.
Think if the user commissioned the art from an outsourced creative shop nobody has heard of. Then they published it. They wouldn’t go after the creative shop, they would go after the publisher.
(I am just addressing publishing here, training on the artist’s works is a different, well discussed issue)
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I don't see that as a reasonable argument unless you're claiming the user was lying:
> In the comments section of her post, she wrote she had simply asked ChatGPT to make “a New Yorker-style cartoon.”
If you commissioned me to record music onto a CD for you, and then I put in the credits that Jimi Hendrix recorded the guitar parts without you asking, it seems pretty reasonable that I should get in trouble for that rather than you.
It’s their hardware and their web response. Especially more heinous if it’s being served as part of a subscription. I don’t think it’s functionally the same as me opening Microsoft Paint and recreating pixel-for-pixel a New Yorker artist’s signature.
Seems to me like producing an artist's stylised signature would be a trademark infringement.
OpenAI give lip service to the idea of not producing others' intellectual property - go ask it to explicitly make a picture of the genie from Aladdin.