Even if we accept all your market liberal premise without question… in your own rhetorical framework the Disney lawsuit should be ruled against Disney.
If a human uses AI to recreate the exact tone, structure and other nuances of say, some best selling author, they harm the marketability of the original works which fails fair use tests (at least in the US).
Says who? In a free market why is the competition from similar products and brands such a threat as to be outlawed? Think reasonably about what you are advocating… you think authorship is so valuable or so special that one should be granted a legally enforceable monopoly at the loosest notions of authorship. This is the definition of a slippery-slope, and yet, it is the status quo of the society we live in.
On it “harming marketability of the original works,” frankly, that’s a fiction and anyone advocating such ideas should just fucking weep about it instead of enforce overreaching laws on the rest of us. If you can’t sell your art because a machine made “too good a copy” of your art, it wasn’t good art in the first place and that is not the fault of the machine. Even big pharma doesn’t get to outright ban generic medications (even tho they certainly tried)… it is patently fucking absurd to decry artist’s lack of a state-enforced monopoly on their work. Why do you think we should extend such a radical policy towards… checks notes… tumblr artists and other commission based creators? It’s not good when big companies do it for themselves through lobbying, it wouldn’t be good to do it for “the little guy,” either. The real artists working in industry don’t want to change the law this way because they know it doesn’t work in their favor. Disney’s lawsuit is in the interest of Disney and big capital, not artists themselves, despite what these large conglomerates that trade in IPs and dreams might try to convince the art world writ large of.
you think authorship is so valuable or so special that one should be granted a legally enforceable monopoly at the loosest notions of authorship
Yes, I believe creative works should be protected as that expression has value and in a digital world it is too simple to copy and deprive the original author of the value of their work. This applies equally to Disney and Tumblr artists.
I think without some agreement on the value of authorship / creation of original works, it’s pointless to respond to the rest of your argument.
I think without some agreement on the value of authorship / creation of original works, it’s pointless to respond to the rest of your argument.
I agree, for this reason we’re unlikely to convince each other of much or find any sort of common ground. I don’t think that necessarily means there isn’t value in discourse tho. We probably agree more than you might think. I do think authors should be compensated, just for their actual labor. Art itself is functionally worthless, I think trying to make it behave like commodities that have actual economic value through means of legislation is overreach. It would be more ethical to accept the physical nature of information in the real world and legislate around that reality. You… literally can “download a car” nowadays, so to speak.
If copying someone’s work is so easily done why do you insist upon a system in which such an act is so harmful to the creators you care about?
Because it is harmful to the creators that use the value of their work to make a living.
There already exists a choice in the marketplace: creators can attach a permissive license to their work if they want to. Some do, but many do not. Why do you suppose that is?
Even if we accept all your market liberal premise without question… in your own rhetorical framework the Disney lawsuit should be ruled against Disney.
Says who? In a free market why is the competition from similar products and brands such a threat as to be outlawed? Think reasonably about what you are advocating… you think authorship is so valuable or so special that one should be granted a legally enforceable monopoly at the loosest notions of authorship. This is the definition of a slippery-slope, and yet, it is the status quo of the society we live in.
On it “harming marketability of the original works,” frankly, that’s a fiction and anyone advocating such ideas should just fucking weep about it instead of enforce overreaching laws on the rest of us. If you can’t sell your art because a machine made “too good a copy” of your art, it wasn’t good art in the first place and that is not the fault of the machine. Even big pharma doesn’t get to outright ban generic medications (even tho they certainly tried)… it is patently fucking absurd to decry artist’s lack of a state-enforced monopoly on their work. Why do you think we should extend such a radical policy towards… checks notes… tumblr artists and other commission based creators? It’s not good when big companies do it for themselves through lobbying, it wouldn’t be good to do it for “the little guy,” either. The real artists working in industry don’t want to change the law this way because they know it doesn’t work in their favor. Disney’s lawsuit is in the interest of Disney and big capital, not artists themselves, despite what these large conglomerates that trade in IPs and dreams might try to convince the art world writ large of.
Yes, I believe creative works should be protected as that expression has value and in a digital world it is too simple to copy and deprive the original author of the value of their work. This applies equally to Disney and Tumblr artists.
I think without some agreement on the value of authorship / creation of original works, it’s pointless to respond to the rest of your argument.
I agree, for this reason we’re unlikely to convince each other of much or find any sort of common ground. I don’t think that necessarily means there isn’t value in discourse tho. We probably agree more than you might think. I do think authors should be compensated, just for their actual labor. Art itself is functionally worthless, I think trying to make it behave like commodities that have actual economic value through means of legislation is overreach. It would be more ethical to accept the physical nature of information in the real world and legislate around that reality. You… literally can “download a car” nowadays, so to speak.
If copying someone’s work is so easily done why do you insist upon a system in which such an act is so harmful to the creators you care about?
Because it is harmful to the creators that use the value of their work to make a living.
There already exists a choice in the marketplace: creators can attach a permissive license to their work if they want to. Some do, but many do not. Why do you suppose that is?