> There’s no question these neural networks and their output are derivative works.
A derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work).
There is absolutely no agreement that what neural networks do (as a rule) counts as such, so it is not at all correct to say "there is no question..."
If learning how to draw by watching other people draw makes everything you draw a derivative work, then perhaps you have a point.
The network in question recreated the exact content in question on a specific event. What happens is general isn’t the issue, the problem comes from specific output.
For a neural network to be able to recreate a complex work with minimal prompting it must be encode that information and therefore be a derivative work.
A derivative work is an expressive creation that includes major copyrightable elements of a first, previously created original work (the underlying work).
There is absolutely no agreement that what neural networks do (as a rule) counts as such, so it is not at all correct to say "there is no question..."
If learning how to draw by watching other people draw makes everything you draw a derivative work, then perhaps you have a point.