Blogger defeats photographer's copyright claim

arjie•about 1 hour ago

> I was struck by the fact that the blog post had 43 views. With such low stakes, how did this case make it to federal court and reach summary judgment???

Yeah, fascinating that a 43-view blog post would go all the way to the federal court like this. Surely the plaintiff often has people give up and pay because they fear the case? Otherwise the economics of chasing down copyright violations of this scale surely don't make sense.

jdlshore•37 minutes ago

It was a prior case that 44 views, not this one. But this one was similar in its low view counts.

gedy•7 minutes ago

Image in question: https://static-assets.artlogic.net/w_1600,h_1600,c_limit,f_a...

kmoser•about 2 hours ago

Lots to comment on but this stood out:

> “A lawsuit like this heightens the demand for Generative AI replacements.”

Most generative AI corpora were arguably trained on copyrighted material, making the output potentially infringing.

jterrys•8 minutes ago

Ye olde double edged sword

On one hand aggressively punitive copyright claims stifle creativity and innovation in transformative art. On the other hand, generative AI reopens that transformative creativity.

FanaHOVA•about 2 hours ago

There is plenty of precedent being written here. It does not seem to be the case at all for the average use of this technology.

https://www.congress.gov/crs-product/LSB10922

CrimsonRain•10 minutes ago

same goes for anything you output :)

rectang•about 1 hour ago

Even if the specific image being infringed were not in the corpus, it's possible that a court would return a judgment of copyright infringement.

Consider the case where someone deliberately prompts the AI to build a facsimile image and the AI does a creditable job after some tweaking.

ralph84•about 1 hour ago

Except everyone who has tried to argue that in court has lost.

tancop•about 2 hours ago

another day another reason why copyright should be for commercial use only (yes that means piracy will be legal). you can throw out entire categories of bad faith cases. art stealing companies still have to pay up and its easier to get what you deserve as an artist when the courts not filled with a backlog of useless low value claims.

thewebguyd•23 minutes ago

That would be great. I'm a photographer outside of my day job, and commercial use is really the only thing I give a crap about. Use my photos by all means for whatever personal use or reasons you have, I (and I'm sure other copyright holders as well) really only care when someone is using the work in direct competition with my/their own business.

Personal/non-commercial use should be fair game for everything for everyone.

jdlshore•36 minutes ago

This blog had a commercial purpose, according to the article.

Blogger defeats photographer's copyright claim

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