Supreme Court to take up dispute over Andy Warhol's use of other's photograph

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eli griggs

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Judges need and must have the discipline to no including social considerations, in their rulings, as that is the job of elected representatives in Congress, and in the State Houses, whom are supposed to use their offices to order our Laws of Our Society and segments therein.

Our Republic is dependant on the Peoples of America to decide if a representative will or has best mirrored their demands for good Government or no.

If no, we change them when the next election rolls around, if yes, the get to continue to draw their pay.

I find the Laws on Copyrights on art and the permissable, sampling, to be clear and straight forward and, as I stated in an earlier post, protective of the Rights of the Company that contracted the graphic product of the artist they paid.
 
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It's Art, however, whether or no it's derivative art, depends on if the inspiration came from other artists art.

Yayoi Kusama did create artworks with Mount Fuji as the subject: 1, 2, 3 but what I shared in my earlier post was not created by her. Those were produced by Artificial Intelligence in Yayoi Kusama's style. And hence my questions. :smile:
 
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eli griggs

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Yayoi Kusama did create artworks with Mount Fuji as the subject: 1, 2, 3 but what I shared in my earlier post was not created by her. Those were produced by Artificial Intelligence in Yayoi Kusama's style. And hence my questions. :smile:

It's still simply a matter of if the AI was ever exposed to that data/art.

Data in, even in AI, results in the 'sampling' of already acquired knowledge upon which choices are made, UNLESS, the AI can be reliably instructed to lock away any and all consideration of what it knows and honestly does so.


Remember, AI, like Humans, is entirely capable and assuredly better at lying to anyone/thing.

IMO.



.
 

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Yayoi Kusama did create artworks with Mount Fuji as the subject: 1, 2, 3 but what I shared in my earlier post was not created by her. Those were produced by Artificial Intelligence in Yayoi Kusama's style. And hence my questions. :smile:

It’s interesting in the U.S. you don’t hold a copyright to your new Mt. Fuji creations since the AI ‘hand’ was so involved. “Bah, humans!” so says Robot.

The copyright cases involving Richard Prince works (i e., Rasta w guitar, https://www.newyorker.com/business/currency/who-owns-this-image)(and developments since) fascinate; their legal evolution indicate how wildly contradicting and inexplicably judges might interpret what it means to be sufficiently “transformative.” Lastly, unfortunately, analogies for copyright between sampling music vs. sampling image are (legally) not quite applicable.

I was witness in a somewhat similar manner w a wonderful person who in the enviro business had done a fair share of travel and amateur capture of images of people and places in undeveloped countries (which were imminently changing into the ‘modern’). Several of the most striking B&W images, shared w a friend in an art project, were later taken and (mis-)used by this ‘friend‘ after their relationship dissolved. They appeared w/out the photographer’s authority to great shock exhibited for sale in a known gallery in a major city - the images now were supra enlarged with added coloration much like Prince’s Rasta Man but without the addition of any other element (such as the guitar). The friend defended his misuse as ’transformative‘ The photographer had little resource to stop it and merely privately complained to detriment. I’d be really angry, too. Many cases are different but I find all IP conflict interesting and can’t wait for what the Court will decide on the Warhol matter.
 
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