DeviantArt and Midjourney deny wrongdoing in copyright infringement lawsuit over in AI image generators (2024)

FAQs

Is Midjourney copyright infringement? ›

This is an issue for any studio or individual that is using Midjourney, especially for commercial use. Generating and using such a picture could expose you to a lawsuit for copyright infringement. Of course, it should be noted that these prompts explicitly mention movie titles.

The artists in the case allege that the AI software company Midjourney and the online art platform DeviantArt used their art to train a generative image tool, Stable Diffusion, without obtaining permission from the artists or paying them for their work, resulting in unfair marketplace competition.

For a product to be copyrighted, a human creator is needed. AI-generated content can't be copyrighted because it isn't considered to be the work of a human creator.

DeviantArt requires all art for sale to be correctly marked as Created using AI tools, as defined in DeviantArt's Terms of Service. Deviants found selling artwork that is partially or fully AI-generated without applying the “Created using AI tools” label may have their sales refunded or face disciplinary action.

Thus, no lawsuits can be filed. But the US Copyright Office made another important ruling: In February, it determined a graphic novel that combined human-written text with AI-generated images “constituted a copyrightable work,” even though the individual images themselves couldn't receive the same protection.

Midjourney subscribers own all the images they've created, even if their subscription has expired, and they're free to use those images however they'd like. There are two small exceptions: If you upscale an image of another user, that upscale is owned by the original creator, not by you.

They argue that AI cannot replicate the complexity of human emotion or the individuality of human expression. Additionally, some artists are concerned about losing creative control over their work. AI-generated art is often created using algorithms and data sets, leaving little room for the artist's personal touch.

When you post your art on DeviantArt, you retain all rights and ownership of your work. There have been concerns in the past over DeviantArt's submission policy, but as the site has said itself, “DeviantART does not retain any ownership nor right to ownership of any artwork posted to deviantART.”

Please don't use midjourney it steals art from pretty much every artist out there without any compensation. I didn't know this at first and tried it but then during the creation process i saw water marks and Getty image logos (though I'm sure they've hidden that now) so it's definitely stealing.

Will AI art become illegal? ›

The US Copyright Office and the courts have so far held that AI art does not have sufficient human involvement and creativity to be regarded as a novel creation subject to copyright protection. It's regarded as a parallel case of setting up a trail cam and getting pictures as animals set off the camera.

Cost-effectiveness: AI-generated images are typically free to use, which can save you money on stock photo costs. Copyright-free: AI-generated images are typically copyright-free, so you can use them without any legal worries.

Starting today, deviations created using AI tools will need to be labeled as "Created using AI tools." Additionally, improvements are being made to browse settings, allowing deviants to more precisely control how much AI art they experience while browsing.

They offer a free tier, but keep in mind that images generated with a free account cannot be sold due to usage rights. Only paid plans come with a commercial license, which grants you the right to sell the images you generate.

Midjourney founder David Holz has admitted that his company did not receive consent for the hundreds of millions of images used to train Midjourney. he then added “ There isn't really a way to get a hundred million images and know where they're coming from.”

Cost-effectiveness: Compared to traditional photoshoot costs, Midjourney provides a cost-effective way to create high-quality visuals. This allows brands to experiment with different concepts and iterate quickly without breaking the bank.

Companies like Midjourney, Dall-E maker OpenAI and Stable Diffusion maker Stability AI built their media-generating models with datasets that pull imagery from across the internet, a practice that has led to outrage and lawsuits from a number of artists.

While Midjourney aims to provide a creative tool for users, the service poses risks that span privacy, security, bias, and misuse.