TYATautYearningArt
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[ENG] Do AIs Sketch the Dreams of Doujin Artists? vol.02
🕑 Added 2024-03-17 17:00:23 +0000 UTC
I've been using it a lot because it was said to be cute.
I forgot to correct a work I posted on PIXIV before and got scolded. It loses its persuasiveness.
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2: PIXIV Spring BAN Festival - Risk of Derivative work
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※ The professional expressions and judgments discussed in this chapter are largely a matter of 'word play', and it is assumed that expressions and judgments may vary from person to person.
・A car society where traffic laws are not established
In February 2024, there were many reports that PIXIV accounts were banned. It seems that they had already been banned as of January, and many of them were accounts that had posted AI illustrations.
Of course, my account is safe, but the reason for the ban was a violation of the guidelines on PIXIV.
People who were banned for things like Elon Musk's toys say they didn't violate anything... but I guess I violated two things, and I think I violated one myself.
One is Derivative Work (copyrighted characters), and the other is the Style-LoRA, which imitates a specific artist.
If the copyright is clearly expired, that would be fine.
I will mainly talk about Derivative Work.
Currently, my account is not mainly for this, but I post copyrighted characters on a whim. There are also erotic direction.
This is just my imagination, but it's not "bad because it's a Derivative Work",
It's "bad because it's a Derivative Work by AI illustration".
There is a clear difference between hand-drawn Derivative Work and AI secondary creation.
Derivative Work by AI is "definitely considered a copyright infringement".
And didn't PIXIV preferentially ban accounts with a lot of Derivative Work and style LoRA? In the past, PIXIV's credibility was damaged over this issue.
"You might think, "Wait a minute, look at the AI-generated ranking on PIXIV. It's still full of Derivative Work." But let me talk a little more.
If you look now, the R-18 first place is l〇li but it's left alone, so the judgment is loose. (Please search individually because there may be images that could violate Patreon's terms). There was a lag of about half a year before the actual crackdown started after PIXIV strengthened regulations.
Even so, looking at the past rankings, it's quite a lawless area, with works that are prohibited to talk about below.
First of all, I have to say that actually, hand-drawn Derivative Work is also legally gray (close to black). Many creators are alive thanks to the tolerance of the copyright holders.
There is a list of "works that are strict on Derivative Work" in the PIXIV Encyclopedia, and it explains the reasons for prohibition and strictness in three categories. (I couldn't find the article in the English version of PIXIV Encyclopedia, so here is the link to the Japanese version.)
1: "I value the image of the work" (I do not approve of erotic and grotesque, depressive developments, character disintegration, etc.)
2: "The work is sensitive to malicious copyright infringement in the past."
3: "The work is based on a real object or character."
3 is famous for Uma Musume, isn't it? erotic is of course not good, and even if it's not erotic, Derivative Work that falls under 'Item 1' is actually not good.
So, in other words, it's something like 'If you follow these, we'll turn a blind eye'.
The guidelines are an expression of intent to 'not sue', and strictly speaking, Derivative Work is an illegal act. To be more precise, it's an act that 'could be illegal as a result of a lawsuit'.
As an aside, Kim Yongha, the director of Blue Archive, is famous for being tolerant of Derivative Work. He comes to Comiket every time to buy Blue Archive's ero-doujin.
To return to our subject,
But that's when it was drawn by hand as it has been so far. Even if it's a Derivative Work, unless it's traced, the picture is something that person created.
The original AI illustration is not illegal at present (from the legal revision in 2018), but external learning (LoRA) that can express a specific character or a specific author's style is about #101010, which is close to black, even from my point of view.
The difference between the original AI illustration and others lies in the ease of identifying the learning source.
The reason why I often struggle to express without using LoRA created by others is because such concerns were at the root, even if they couldn't be verbalized.
First of all, I have to say that the reason why I used that LoRA is due to my own lack of understanding and the fact that my thinking changed and became clear as a result of gathering information because the situation had changed, albeit for a short period of time.
I'm sorry that I ended up dealing with the work I received a request for.
What is easy to identify from what I have posted in the past is the bar of Hell's music.
This LoRA, when the intensity is increased, the anime painting and unique style become prominent, and if no instructions are given, a special vegetation forest becomes the background. It is clear that the learning source is not the original comic or fan art, but the captured image of the anime.
The 0.1 costume is also nice, isn't it?
I'll say it here, but at this stage, I can't judge whether this is illegal or not. That's because there are no clear standards to draw the line.
For example,
Cars have just appeared. The users, including myself, are crazy about its convenience and the thrill of speed, but the current situation is that the legal system has not yet caught up with its dangers. It's not that "standards are not shown" as I said at the time of the mosaic, but "there are no standards".
So it's left to the ethics of the users, but because the ethics of each person who accepts or denies it are slightly different, every day on SNS there is a heated debate about "What is the landing point for that person?".
In other words, what to regulate and what to ban is left to the judgment of the operators, not the law.
I also feel that the revision of the terms of use shown in November 2022, which I posted above, was for that purpose. They changed from legal terms to ambiguous terms.
From this, not only this LoRA, but also accounts that are known to use style LoRA that imitates copyrighted characters and the style of artists whose learning sources are easy to understand, are far from the management's policy, so they may have been banned.
So, why is the Derivative Work in the ranking safe? It's probably because they left relatively tolerant Derivative Works, and the rest haven't been banned yet due to the time lag from the strengthening of regulations.
The banning process is probably still mostly manual work by human eyes, Unlike Y〇utube and other fucking stupid AI, so I think they are still not catching up with the guideline violations.
Even the erotic images of Uma Musume, which is famous for being bad as I wrote above, are still left alone, even if they are narrowed down by AI generation and even the images posted in 2022.
The work I forgot to correct and posted the other day was hidden on the same day, but that's because it was an obscene object that was easy to understand. As a practical matter, I think it's inevitable to respond from things that are easy to understand and that many people can easily agree with.
It's a well-known fact that Derivative Work is popular, and there are people on Patreon who earn more than $1,500 a month with AI illustrations... however.
I can't put it into words well so as not to offend, but I think that the current Derivative Work by AI illustrations carries an enormous risk.
So for future activities, "If it's not hand-drawn, it's better to stop Derivative Work".
The reason I posted in the past is due to my lack of understanding and lack of study, as I mentioned above. At least I don't think I'll include it when I convert it to a CG collection as a back number in the future.
Just to mention, if you trace what was output by AI and make it a Derivative Work, the risk may be lower, but this will involve the problem I will talk about in Chapter 3.
After all, once I get good enough to show people properly, I might do Derivative Work.
What needs to be noted is that it’s wrong to simply criticize PIXIV.
PIXIV is a platform operated by a company and has terms of service. Since we agreed to use it, we should follow it, and what the user side can do is “not to use that platform”. Thanks to the full exercise of that right, migration from FANBOX and BOOTH to FANTIA and Ci-en is progressing quite a bit. Probably this will also be written in Chapter 3, but it is not that PIXIV wants to strengthen regulations, but the intention of the card company behind it. The same is true for Patreon.
※※※※※※※※※※※※
Why did PIXIV ban a large number of AI illustrators? Here are two summaries:
1 , “Derivative Work of AI illustrations and Style-LoRA are (from the perspective of PIXIV) clear copyright infringement.”
2 , “Because it doesn’t set an example for primary creators and hand-drawn creators.”
2 will be discussed in Chapter 3.
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- reference documents
・「pixivのイラストを非公開にしました」 フォロワー数十万の“有名絵師”から発表相次ぐ AI巡る対応に不信感 - ITmedia NEWS
https://www.itmedia.co.jp/news/articles/2305/08/news068.html
・ピクシブ、AIイラストへの対応方針公開 ガイドライン改定、検索結果の占拠防止、悪意あるアクセス防止など - ITmedia NEWS
https://www.itmedia.co.jp/news/articles/2305/09/news197.html
・「児ポ」「獣姦」──pixivの一部サービスで規制強化、対応なければアカ停止も ユーザーからは批判相次ぐ - ITmedia NEWS
https://www.itmedia.co.jp/news/articles/2211/15/news170.html
・二次創作に厳しい作品一覧 - ピクシブ百科事典
・キム・ヨンハ - ニコニコ大百科
https://dic.nicovideo.jp/a/%E3%82%AD%E3%83%A0%E3%83%BB%E3%83%A8%E3%83%B3%E3%83%8F
・ＡＩ生成物と著作権について ※構想委員会(第２回) [2023.3.3] 資料 - 内閣官房ホームページ
https://www.kantei.go.jp/jp/singi/titeki2/wg_contents/dai1/pdf/sankou3.pdf
・２０１８年著作権法改正の概要とは？４つのポイントを弁護士が解説！ - トップコート国際法律事務所
https://topcourt-law.com/intellectual-property/2018-copyrightlaw-revision
・二次創作は違法なのか犯罪なのか - カガミ・ドット・ネット
https://cagami.net/archive/150328
・AI戦略 - 科学技術・イノベーション - 内閣府
https://www8.cao.go.jp/cstp/ai/index.html
