The case was filed in January by McKernan and fellow artists Karla Ortiz and Sarah Andersen, on behalf of others like them, against Stability AI, the London-based maker of text-to-image generator Stable Diffusion. The complaint also named another popular image-generator, Midjourney, and the online gallery DeviantArt.
Stability AI declined to comment. In a court filing, the company said it creates “entirely new and unique images” using simple word prompts, and that its images don’t or rarely resemble the images in the training data.Midjourney and DeviantArt didn’t return emailed requests for comment. “In a few years, everyone can generate anything — video, images, text. Anything that you can describe, you can generate it in such a way that no human can tell the difference between AI-generated content and professional human-generated content,” Schuhmann said in an interview.
“I have never been asked. I have never been credited. I have never been compensated one penny, and that’s for the use of almost the entirety of my work, both personal and commercial, senator,” she replied. But it’s easy to see how AI-generated images can compete, Ortiz says. And it’s not merely a hypothetical possibility. She said she has personally been part of several productions that have used AI imagery.
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