Parody laws are very deprndant on fair use, so the focus of this is fair use. Now, lets look at the requirements of fair use 0) Examples -"Section 107 of the Copyright Act...identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use." -AI image generation does not fall under any of these. ------------------------------------------------------------------------- 1) Purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes -"Courts...are more likely to find that nonprofit educational and noncommercial uses are fair." -Most AI image generation are none of these. ------------------------------------------------------------------------- 2) Nature of the Copyrighted Work -"...using a more creative or imaginative work (such as a novel, movie, or song) is less likely to support a claim of a fair use than using a factual work (such as a technical article or news item)." -Although there's argument over whether or not AI encourages or discourages creativity, I would definitely not consider it factual work. ------------------------------------------------------------------------- 3) Amount and substantiality of the portion used in relation to the copyrighted work as a whole -"If the use includes a large portion of the copyrighted work, fair use is less likely to be found; if the use employs only a small amount of copyrighted material, fair use is more likely." -If the AI needs to sweep the internet, then I am sure that it uses a very large amount of copyrighted work. ------------------------------------------------------------------------- 4) Effect of the use upon the potential market for or value of the copyrighted work -In assessing this factor, courts consider whether the use is hurting the current market for the original work (for example, by displacing sales of the original) and/or whether the use could cause substantial harm if it were to become widespread. - It does cause substancial harm. Whether you think it increases or decreases creativity, or whether or not you think its stealing from artists, creating an image with a powerful AI model takes as much energy as fully charging your phone, which can add up pretty fast. If I understand the article correctly, one image from certain AI programs Equals the same amount of energy as charging your phone from 0% to 100%. Most AI image generation programs create 4 images at once, the energy equal two 4 phones. On top of that, it usually takes a few tries to get what you want, so that adds up pretty fast. -"Generating images was by far the most energy- and carbon-intensive AI-based task."
My source - https://www.copyright.gov/fair-use/ The resources used by AI-https://www.technologyreview.com/2023/12/01/1084189/making-an-image-with-generative-ai-uses-as-much-energy-as-charging-your-phone/ song - Psycho Mode by TAK / DORIDORI