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Is it possible that the primary liability for OpenAI is trade dress? If you can produce things in (for example) the style of a Studio Ghibli film, such that an
by PhotonHunter 11mo ago
Is it possible that the primary liability for OpenAI is trade dress? If you can produce things in (for example) the style of a Studio Ghibli film, such that an ordinary consumer can’t tell if the source is Studio Ghibli or AI, is that actionable? I feel like I see copyright concerns all the time with AI but rarely is trademark discussed.
- episteme 11mo agoCan a style be trademarked? I thought that was what copyright was meant to cover.
- Kye 11mo ago(not a lawyer) This is the exact opposite of how it works, at least in the US. Copyright: covers works on publication. Registering it allows for seeking of statutory damages. Trademark: covers defining characteristics. This can be muddy since defining characteristics are not necessarily the same as style. It can be especially confusing when certain things become characteristic of a genre. This is mostly what transformer and diffusion models cover: the strongest weights will be what's most common in the training data. You get a lot of em dashes and heroes in colorful outfits, but they don't constitute a violation on their own in any modern model unless the operator of the model goes out of their way to violate.