Who or what are we talking about? Artificial Intelligence, or Ki. – It will be like protesting against the cars when they came because they were fast as horses, says Morten Goodwin, professor of artificial intelligence at the University of Agder. “Ki pictures are stolen art”. On the artstation.com website, the resistance is massive at the moment. Photo: Screenshot from artstation.com / artstation.com The images and texts generated are based on other people’s work. Does that mean it’s stolen? Is it really art? And can technology cause people to lose their jobs? With the text “Spider Man in New York” Midjourney created this image. Generated by Midjourney Replaced humans? Ole Midthun works with VR development and has been involved in digital art for several years. He spends a lot of time discussing with others in the same environment and industry. – Many immediately saw the potential of how Ki could become an important tool. As a tool, Midthun is thinking, for example, that Ki can create a starting point for artists or graphic artists to work on. Can artificial intelligence do the grunt work for giants like Nike? Photo: Generated by Midjourney / Midjourney But gradually, according to the graphic designer, the perspective of the weights became less prominent. – For some without artistic experience, it became a substitute for art made by people. This shift has created more and more friction between people who work with art and those who work with Ai. He adds: – Some people think that you can just fire the concept artists and make this with Ki. Midjourney generates an image after being told to create “Donald Duck in Disney World”. Illustration generated by Midjourney/Sondre Skjelvik news – What do you think about this personally? – If you only measure by price and end result, it is easy to say that Ki-generated images make more sense in a capitalist society. – But this is much more complex than that. “Everyone” uses Ki every single day Professor Goodwin emphasizes that Ki is around us every single day. – Do you unlock your phone with facial recognition? Do you automatically tag someone on social media? Do you get suggestions on YouTube or advertisements that suit you? – All these are examples of artificial intelligence. – Many of the techniques we use today existed on a sketch plan 20 years ago, and artificial intelligence for drawing pictures appeared for the first time in 2014. But there has certainly been a huge revolution, says Morten Goodwin. Photo: Pål Tegnander / news The image generators, which have perhaps received the most attention in the past year, are, like other Ki, trained to do the job. The data it uses to train contains millions of images and artwork. But do they copy great works of art? – DALL-E 2, which is one of the popular tools, has deliberately included that they should not reproduce images, explains Goodwin. Midjourney has been told to draw “The Scream, Munch”. Illustration: Generated by Midjourney / Midjourney – It’s a bit like I go to the Munch museum and get inspired and draw a painting. If it’s exactly the same, I might want to break the copy protection, but I’m allowed to be inspired by the style and expression. – Artists react to the fact that this can go beyond art. What do you think about it? – I do not see this as a problem. It’s a tool that’s good at drawing, but it’s still just inspired by what already exists, Goodwin replies. – Ki cannot come up with a completely new style. If you use it enough, you will also notice that it has the same “feeling” every time, says Goodwin. Illustration: Generated by Midjourney / Midjourney The Ki expert believes that graphic designers and illustrators should now adapt and use this tool in their work. – This is not a substitute for artists, they are something more. For illustrators it can be more difficult, but that’s how it is with new technology. Cannot be owned by a computer Silje Strandengen is a solicitor at CMS Kluge Advokatfirma. She has written a master’s thesis on artificial intelligence and copyright. According to her, there are two issues in particular that are central in connection with Ki-generated illustrations, music and text. Who will be the owner? Can other works protected by copyright be used in the training of an artificially intelligent system? Midjourney was told to draw Donald Duck in Disney World. The signature at the bottom left is suspiciously similar to a well-known logo. Photo: Generated by Midjourney / Sondre Skjelvik Strandengen explains that it is the first issue that is most frequently discussed in both Norwegian and European law. – Good reports have been written by expert groups that have given guidelines to the European Commission. It states that European copyright requires that protected works must be human-made, Strandengen explains. In other words, a computer or artificial intelligence cannot be considered the originator of what is generated. Court cases will clarify the legal need Strandengen explains that if a work is to be protected under the Copyright Act it must meet the requirement for originality. – In this assessment, it comes into play whether the creator has made free and creative choices when creating it. The human actors must therefore be able to demonstrate that free and creative choices have been made, so that the requirement for originality is met. She emphasizes that there are still no legally binding guidelines, and that we also have no relevant case law either from the EU or in Norway in this area. What about the question of the use of creations protected by copyright in the training of Ki? This can be problematic because it is assumed that digital copies of the data that the system will learn from are stored inside the artificially intelligent system, explains Strandengen. – If one uses images protected by copyright to train an artificially intelligent system, will that violate the exclusive right to make copies and produce examples of them? It is still uncertain, she says and adds: – In my view, there is a copy-making process that will basically be in breach of the Copyright Act. The legally interesting thing, as I see it, will be whether the making of copies is covered by the exception provision in section 4 of the Copyright Act. In the deepest sense, this becomes a question of the EU Court’s interpretation of the exception in the directive that section 4 implements. The deputy attorney says there are a number of questions that are still unanswered. That there is uncertainty about this in several other jurisdictions is also shown by the fact that some countries have introduced special rules for works created with the help of artificial intelligence. For example in Great Britain where the legislation states that the copyright must be given to the person(s) who made it possible to create the work. But that doesn’t necessarily make it easier, explains Strandengen. – It is not certain that the legal assessment will be easier because of a special rule like this, she says and adds: – Right now we are really waiting for more cases of this in practice. It will also clarify the legal need, as well as being able to show whether the current regulations are sufficient. – What about questions related to copying intellectual property? – A narrow data selection can cause the computer to create approximately the same as the training data. It can create disputes about copyright infringement. – As we have not yet seen such issues in practice, several of the questions are currently of a distinctly theoretical nature. In my opinion, we should wait with legislation until we know more about the legal issues that need to be regulated. This is also the only thing that is absolutely certain regarding the question of who owns the works. Is art made by artificial intelligence real art? – Feels like an invasion Jussen is still uncertain. But one thing is certain; ki has in a short time become much better, and reaches far more people. Graphic artist and VR developer Midthun is skeptical that people should be fired in favor of computers. – I think this has value as a tool, but I am skeptical about replacing the human element. Inspired by The Creation of Adam by Michelangelo. Illustration: Generated by Midjourney / Midjourney Beyond the late autumn, the debate has intensified further. Users of artstation.com recently launched a campaign where the aim is to get a clear set of regulations around Ai. Midthun explains that the website functions both as a social medium where people share art, but also as a portfolio for many. – Experiencing that the same platform is used to mass publish Ki-generated work feels like an invasion of what has been the artists’ area. No until Ki has filled up the pages on artstation.com. Photo: Screenshot from artstation.com / artstation.com – What do you fear the development could lead to? – I fear that one should only look at the end result and forget the human aspect. Art has a value in itself and there has been a sharing culture for the last 20-30 years which has been absolutely beautiful, he replies and concludes: – Now the same information is entered into a computer, many also see it as a substitute for the human. I do not share that view. ALSO READ:
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Who owns images created by artificial intelligence? Appeal against images made by Ai – news Nordland
