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In what way? As a book? I have no idea. As use on a cover, I don't see why not.

But then you need to make sure you are following the license for AI generated images. I am pretty sure you need to pay something in order to use DALL-E images commercially.
 

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Discussion Starter · #3 ·
I am pretty sure you need to pay something in order to use DALL-E images commercially.
interesting point.

They seem to not care if you use their stuff commercially. What they don't want people to do is print gore or triggering content, and then attribute it to them.

But if you're just illustrating a novel with generic photos, it looks like they don't mind.

https://openai.com/api/policies/sharing-publication/
 

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Discussion Starter · #5 ·
My question is, how is the AI creating the images? If it's sampling from other sources, then there could be a problem with copyright.
yep
they fed it MILLIONS of images - many of which were copyrighted

so the question people are currently debating is:

"If an AI engine spits out a new image — based on a million copyrighted images — then do the original photographers have to get paid?"
 

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yep
they fed it MILLIONS of images - many of which were copyrighted

so the question people are currently debating is:

"If an AI engine spits out a new image — based on a million copyrighted images — then do the original photographers have to get paid?"
And could the original photographers potentially sue or DMCA someone who was using one of the images?
 

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Discussion Starter · #7 ·
And could the original photographers potentially sue or DMCA someone who was using one of the images?
that's the million dollar question.

if the app uses a likeness captured in a million paintings, and creates a new paintings, then are the million original artists owed any money?

And how will they even no?

Even without the AI stuff, this question is heavily debated in the PhotoBashing forums too
 

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Well, the US won't copyright anything that's AI generated. However, that assumes the AI generated content is original and doesn't have a source.

Since they fed the content with copyrighted material, I would say don't touch it.

I saw one generated image that looked remarkably similar to an image I paid to license. I've also seen images that are the likeness of celebrities. For some reason, I don't think the offensive line of the Minnesota Vikings would appreciate being slapped on the cover of a Romance novel (or any novel), and the author justifying the use of the images as being generated by DALL-E.

Consider the Obama Hope poster for a moment, while the suit eventually settled out of court, it's likely that a court would decide that the original image had not been altered enough to be considered fair use. (Even Farley considered this a possibility and actually lied, destroyed evidence, and fabricated evidence showing the image originated from a different one because it would increase the amount the original image had been altered). Since you can't say for sure how much the original content has been altered, you might face an uphill battle when it comes to fair use. My suggestion is to err on the side of caution and not use the images. It might seem like a good idea in the moment, but it will turn into a quagmire the first time an image gains popularity and is merchandised.
 

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Writing the next books in my Martin Billings series.
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Here is an interesting blog from a cover designer learning to use AI for cover images.
 
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