u/TreviTyger

Interesting failed market harm defense - The photo at issue “could have been produced using artificial intelligence.”

A blogger was sued for copyright infringement after using a photo without permission or license. Part of the blogger's "fair use" defense against market harm was that they could have created the image using AI, and therefore such an image should not be protected(?)

Judge Brann rejects such an argument.

"Twenty-eight writers say class action treatment lets AI companies extinguish high-value copyright claims on the cheap in a new lawsuit accusing Anthropic of infringing their work." By Michael Gennaro

"For countless people, ChatGPT is a friend, confidante, or even romantic partner, to which they may divulge their innermost thoughts and feelings. And even if a consumer doesn’t have a close emotional relationship with the bot, they may still use it for assistance with business, physical health, finances, and legal advice. In other words, a scroll through — or algorithmic analysis of — someone’s chat queries may paint an exceptionally intimate, hyper-personalized portrait of them and their world, from their daily activities to their inner life.

And when you’re interacting with a chatbot that engages with you as if it’s another person, it can be easy to forget that it is, in fact, a product that’s siphoning up, storing, and sharing your personal information. (Though the recent — and reportedly quite lucrative — infusion of ads into ChatGPT might serve as a hint that your friendly chatbot is surveilling you.)"

By Maggie Harrison Dupré

"The Court finds that ⁠a right to fair compensation for publishers is consistent with EU law, ​provided that that remuneration constitutes consideration for authorising their publications to be used ​online," said the Luxembourg-based Court of Justice of the European Union (CJEU).

2. The Author created this artwork by taking an original photograph of a sunset over a building and then using an artificial intelligence application, the RAGHAV Artificial Painting App (“RAGHAV”), to convert his photograph into the Work.

https://www.courtlistener.com/docket/73319170/1/suryast-us-enterprises-llc-v-perlmutter/

IMO - Putting one's own copyrighted work through AI Gen results in an "author-less" derivative work that cannot have a "point of attachment of copyright" to any author!! This is why copyright owners should NOT be using AI Gen as it could be seen as an "overt act" to abandon copyright in the derivative work.