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currentscurrents t1_j7iy068 wrote

The exception Google Images got is pretty narrow and only applies to their role as a search engine. Fair use is complex, depends on a lot of case law, and involves balancing several factors.

One of the factors is "whether your use deprives the copyright owner of income or undermines a new or potential market for the copyrighted work." Google Image thumbnails clearly don't compete with the original work, but generative AI arguably does - the fact that it could automate art production is one of the coolest things about it.

That said, this is only one of several factors, so it's not a slam dunk for Getty either. The most important factor is how much you borrow from the original work. AI image generators borrow only abstract concepts like style, while Google was reproducing thumbnails of entire works.

Anybody who thinks they know how the courts will rule on this is lying to themselves.

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clueless1245 t1_j7iz62v wrote

Got it, thanks! Yeah, I guess it's more complicated than I thought.

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