I'm not sure Stability will agree to a licensing fee, since part of the rationale for the last version of SD was to remove the infringing images from their training sets going forward.
If you create art that has a Pepsi logo on a depicted vending machine etc Pepsi has no copyright claim on your art does it? All it shows is the art was made with the knowledge of the logo and the logo was included as an element inside the art.
When logos are shown in a context that may cause confusion (about who made a product etc) there may be trademark infringement but trademark infringement is not being claimed here so why would warped logos matter?
The reason the distorted logos matter is because they make it much more difficult to claim that Getty images were not ingested and used for training — if they weren't, then how come the outputs have those logos? And similarly, they make it much more difficult to claim that these source images were only used as "inspiration" for the generative algorithm and thus fall under fair use — if they're only used for "inspiration", how come they generate/copy easily-recognizable parts of the original images (i.e. the logo) as-is?
Was that claim put forth? Why then does making this difficult matter?
> they make it much more difficult to claim that these source images were only used as "inspiration" for the generative algorithm and thus fall under fair use — if they're only used for "inspiration", how come they generate/copy easily-recognizable parts of the original images
If artists created works of art containing warped logos etc as elements in their art would they be infringing copyright because of these warped logos? But if an artists uses a computer to create the same art instead of real paint that becomes infringement? Because copyright depends on the method of production not just the produced result?
Was quite annoying but adding "public domain, Creative Commons" to the prompt usually got rid of it (the model knows that public domain images have no watermark :-). Since SD2.0 I haven't seen this happening at all.
Impermissible is a legal conclusion that is not the least bit obvious.
