The resulting images may contain substantial elements of the training images as shown by the reproduction of the Getty Images watermarks in many results which are included in the complaint. What is interesting is that the complaint peals back the mystery of how training sets create synthetic visual content models by creating lower resolution images, adding noise to the files and then teaching the models to remove the noise. The Federal lawsuit filed in Delaware last Friday afternoon alleges that Stability AI scraping of more that 12 million of its images, together with captions, and metadata, and using the images to train models to create synthetic images, violates its exclusive rights under copyright in the images and the data the reproduction of its distorted watermarks violate Section 1202(a) by creating false copyright management information (CMI), as well as Section 1202(b) for the alteration and removal of CMI and additional claims for both state and federal trademark violations, trademark dilution and claims of unfair trade practices. It filed its much anticipated lawsuit against Stability Ai, the owners of the synthetic generative Ai platforms Stabile Diffusion, an open source text to image generator, and Dream Studio, its revenue generating model. Getty Images, one of the world's largest visual content licensing platforms for both editorial and commercial imagery is fighting back from models selling competing works based on its content and metadata. All immediately looked up their works on 'haveibeentrained.' The idea that your own work can be used to compete with you was an awakening. The presenter's comment that it would not affect journalism, but maybe only 'commercial stock' was probably not comforting. The fun from creating selfies into Viking warriors and other avatars seemed to change when the reality that a machine could replicate an image that can takes months or more to capture in a remote part of the world sank in. I recently attended an event with some of the world's top nature and environmental photojournalists as they watched a panel on generative Ai.

Only a year ago, the results from generative Ai platforms ranged from crude to grotesque, but the synthetic results from generative AI is improving at lightening speed as well as the legal and ethical issues of using synthetic images commercially. Generative Ai that converts text prompts into synthetic visual works is a daily conversation. To say that this is the year of Ai is an under statement as a copyright lawyer in the visual arts.

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