Except that you interact with the “tool” in pretty much the same way you’d interact with a human that you’re commissioning for art minus, a few pleasantries. A pencil doesn’t know how to draw Mario.
AI tools implicitly advertise Mario pictures because you know that:
The AI was trained on lots of images, including Mario.
The AI can give you pictures of stuff it was trained on.
An animation studio commissioned to make a cartoon about Mario would still get in trouble, even if they had never explicitly advertised the ability to draw Mario.
I don’t think how you interact with a tool matters. Typing what you want, drawing it yourself, or clicking through options is all the same. There are even other programs that allow you to draw by typing. They are way more difficult but again, I don’t think the difficulty matters.
There are other tools that allow you to recreate copyrighted material fairly easily. Character creators being on the top of the list. Games like Sims are well known for having tons of Sims that are characters from copyrighted IP. Everyone can recreate Barbie or any Disney Princess in the Sims. Heck, you can even download pre made characters on the official mod site. Yet we aren’t calling out the Sims for selling these characters. Because it doesn’t make sense.
Except that you interact with the “tool” in pretty much the same way you’d interact with a human that you’re commissioning for art minus, a few pleasantries. A pencil doesn’t know how to draw Mario.
AI tools implicitly advertise Mario pictures because you know that:
An animation studio commissioned to make a cartoon about Mario would still get in trouble, even if they had never explicitly advertised the ability to draw Mario.
I don’t think how you interact with a tool matters. Typing what you want, drawing it yourself, or clicking through options is all the same. There are even other programs that allow you to draw by typing. They are way more difficult but again, I don’t think the difficulty matters.
There are other tools that allow you to recreate copyrighted material fairly easily. Character creators being on the top of the list. Games like Sims are well known for having tons of Sims that are characters from copyrighted IP. Everyone can recreate Barbie or any Disney Princess in the Sims. Heck, you can even download pre made characters on the official mod site. Yet we aren’t calling out the Sims for selling these characters. Because it doesn’t make sense.
Just so we’re clear, my position is that it should all be okay. Copyright infringement by copying ideas is a bullshit capitalist social construct.