Innovation or Piracy? Empirically Demarcating AI Painting Copyright Infringement Boundary
Zihang Lan, Shuhan Yang, Rui Fan, Bo Zhao, Yanru Yan · Atlantis Highlights in Intelligent Systems/Atlantis highlights in intelligent systems · 2023
In the face of intense debates regarding AI painting copyright infringement, this study argues that AI painting should be considered a distinct art form that should be regulated separately from collage works because only the smallmemory trained algorithm advanced to the algorithm creative stage, while the possibly copyright-infringing collage dataset did not.The sporadic occurrence of substantial similarity is attributable to the aberrant overfitting of AI painting algorithms, which will replicate the expression of the original work.If AI algorithm providers are aware of overfitting and do not attempt to avoid it or include additional filtering algorithms, it should be considered piracy.In contrast, other appropriately fitting AI paintings do not constitute copyright infringement since it is a process of integrating ideas rather than collaging expression according to the idea-expression dichotomy.