Greg Rutkowski, a digital artist known for his surreal style, opposes AI art but his name and style have been frequently used by AI art generators without his consent. In response, Stable Diffusion removed his work from their dataset in version 2.0. However, the community has now created a tool to emulate Rutkowski’s style against his wishes using a LoRA model. While some argue this is unethical, others justify it since Rutkowski’s art has already been widely used in Stable Diffusion 1.5. The debate highlights the blurry line between innovation and infringement in the emerging field of AI art.
LORA’s are created on image datasets, but these images are just available anywhere. It’s really not much different from you taking every still of The Simpsons and using it. What I don’t understand is how these are seen as problematic because a majority of end users utilizing AI are doing it under fair use.
No one charges for LORA’s or models AFAIK. If they do, it hasn’t come across the Stable Diffusion discords I moderate.
People actually selling AI generated art is also a different story and that’s where it falls outside of fair use if the models being used contain copy-written work. It seems pretty cut and dry, artists complained about not being emulated by other artists before AI so it’s only reasonable that it happens again. If people are profiting off it, it should be at least giving compensation to the original artist (if it could be adjusted so that per-token payments are given as royalties to the artist). However, on the other hand think about The Simpsons, or Pokemon, or anything that has ever been sold as a sticker/poster/display item.
I’m gonna guess that a majority of people have no problem with that IP theft cause it’s a big company. Okay… so what if I love Greg but he doesn’t respond to my letters and e-mails begging him to commission him for a Pokemon Rutkowski piece? Under fair use there’s no reason I can’t create that on my own, and if that means creating a dataset of all of his paintings that I paid for to utilize it then it’s technically legal.
The only thing here that would be unethical or illegal is if his works are copywritten and being redistributed. They aren’t being redistributed and currently copy-written materials aren’t protected from being used in AI models, since the work done from AI can’t be copywritten. In other words, while it may be disrespectful to go against the artists wishes to not be used in AI, there’s no current grounds for it other than an artist not wanting to be copied… which is a tale as old as time.
TL;DR model and LORA makers aren’t charging, users can’t sell or copywrite AI works, and copywritten works aren’t protected from being used in AI models (currently). An artist not wanting to be used currently has no grounds other than making strikes against anything that is redistributing copies of their work. If someone is using this LORA to recreate Greg Rutkowski paintings and then proceeds to give or sell them then the artist is able to claim that there’s theft and damages… but the likelihood of an AI model being able to do this is low. The likelihood of someone selling these is higher, but from my understanding artistic styles are pretty much fair game anyway you swing it.
I understand wanting to protect artists. Artists also get overly defensive at times - I’m not saying that this guy is I actually am more on his side than my comment makes it out, especially after how he was treated in the discord I moderate. I’m more just pointing out that there’s a slippery slope both ways and the current state of U.S. law on it.