this post was submitted on 04 Jan 2024
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This is fine
This is copyright infringement.
The ruling in japan (and as I predict also in other countries) is that the act of training a model (which is just a statistical estimator) is not copyrightable, so cannot be copyright infringement. This is already standard practice for everything else: You cannot copyright a mathematical function, regardless of how much data you use to fit to it (that is sensible: CERN has fit physics models to petabytes worth of data, that doesn't mean they hold a copyright on laws of nature, they just hold the copyright on the data itself). However, if you generate something that is copyrighted, that item is still copyrighted: It doesn't matter whether you used an AI image generator, photoshop, or a tattoo gun.
But you could ask it to generate something in the style of Zelda, without being Zelda.
And that would be completely legal, just like any random guy on deviantart can draw something in the style of e.g. Picasso without getting into trouble (unless of course they claim it was painted by picasso, but that should be obvious).