Monday, October 10, 2022

Karla Ortiz raising awareness on AI art and copyright issues via her Facebook posts July-Sept 2022 (updated 11.18.22)

 Karla Ortiz is a leader. Her professional work inspires colleagues and fans. She advocates for creative rights. It's not just her talent that makes her an icon. She is art in action.

http://www.karlaortizart.com/

You probably know her concept art images for Dr. Strange...

And this often shared (rarely credited) concept art for the famous Game of Thrones character Rhaegar Targaryen  

Karla is a popular panelist at conventions. Her online and in-person workhops are packed with industry peers as well as art students and collectors. Karla’s using her platforms, experience and contacts to start important conversations about issues impacting indie art life. 

Between July and October 2022, her Facebook page became a remarkable series of posts, and informative comment threads, about Copyright and Creative Rights issues unaddressed as AI art platforms (Midjourney etc) evolve.

With Karla’s permission, I’ve collected her posts here for reference. Facebook posts can be hard to retrieve. My blog post here makes Karla’s July – Sept 2022 AI art posts accessible. Her writings document the rise of awareness…. and alarm… in the artist community. Karla's posts are a remarkable record of the AI art issue at an early point of its impact on the community it thrives on, but refuses to credit and compensate.

AI art issues arrived on my Radar via an announcement on Karla’s page about the 8.31.22 Concept Art Association Town Hall, hosted by Karla, Nicole Hendrix Herman and Rachel Meinerding (UPDATE 11.22 -- this turned out to be the 1st Town Hall Meeting)

“AI & Industry: Impact, Issues and Solutions Townhall.”

Hosted by the Concept Art Association (and Karla), with guest Christian Alzmann, Lauren Panepinto , Craig Mullins, Frank Gonnello and Abhishek Gupta.

Thank goodness they made it available as a You Tube video. Here’s the link:


The Second Town Hall meeting was held 11.2.22 and featured guests from the US Copyright Office


Thanks to Karla and the Concept Art Assosciation for organizing these important exhanges and making them accessible.

More about the Concept Art Association here:

https://www.conceptartassociation.com/about

Social media platforms profit from image sharing. Online artWORK posted there gets shared without credit or compensation to the artists. AI art, with its practice of “scraping” images from sites like Pinterest, takes copyright protected art and spits out derivative versions based on prompts. US and Intl copyright law will be playing catch-up in the courts for a long time. Meanwhile….it’s up to artists (again) to be raising awareness for fans, clients and colleagues on these infringement practices. 

Educated fans and peers are the front lines for protecting creative rights. We need artists like Karla who are not only top in their fields, but also articulate and passionate about creative rights.  We can’t let technology benefit from artWORK without compensating artists. 

Online art is never free. Art is copyright protected creative property. Tech companies are trophy hunters turning artists into endangered species. They will kill what we all love… if we let them. Get educated. Get activated. 

I’ve started this series of Karla's posts with her 10.7.22 post about the AI art shared after the sudden death of Kim Jung Gi. Her post shows the visceral impact of others taking an artist's work and running it through an AI grinder. Especially right on the heels of a painful loss still resonating through the art community.

After the Kim Jung Gi post, I’ve put Karla’s posts on AI in chronological order. From her 7.30.22 “call to action” post… through her 9.30.22 post, where she was “taking a break” from social media (for a few days).

Her posts on her Facebook page from July – Sept included in depth comments threads with other professional artists. (There is a sample one in the 9.29.22 post. ) I can’t include all of the comments thread exchanges here, but they can be found (for now) on her Facebook page. As we all know, over time Facebook deletes posts and it gets hard to scroll back to find earlier entries. So search now for those while you can.

Karla's posts also included links to wonderful articles and resources, most of which appeared in her original post texts and are included here in this compilation.

OCTOBER 2022

10.7.22 FP Post  (Kim Jung Gi RIP 10.3.22)


"As we mend our broken hearts from the recent passing of one of our brightest, this person was busy taking the beautiful work of our friend and trained an “AI” model. Not once wondering if the family would be ok with it, or if it was a good idea. By training he means taking the work of our passed, claiming it "draws" when he means generated, and going against the beautiful things Master Jung Gi stood for. But please don’t forget *HIS* credit.

If there is any shred decency in this person, they’ll delete the whole thing out of respect to the Master, his friends, his family, and the artistic community."



(This Muddy Colors link has many Kim Jung Gi videos. Watching him in action was mesmerizing. He was famous world wide for drawing complicated compositions, characters and anatomy just from ink brush directly to the paper.)

https://www.muddycolors.com/2022/10/remembering-jung-gi/?fbclid=


July 2022

7.30.22 Facebook pg

Karla’s “call to action” post:

“Sooo I tried one of those fancier AI apps (DALL.E)

My thoughts so far: I think folks job's are safe, for a while at least.

Artists are still EXTREMELY important, because even with a lot of iteration all you get from the AI is a huge giant mess of shapes. Completely unusable for any kind of serious production.

For now, it's great for generating inaccurate/messy references!

I'll check in with it in a couple years and see if that's changed, but honestly, giving it a try calmed me the heck down 🙂

Ps. Still super uncomfortable about training AI to imitate living artist’s work without their consent. That should be a no no. Could imagine some solid lawsuit coming out from this.

Ps #2 I want this tech to be done ethically. Honestly I think artists NEED to get together and start preparing for class action lawsuits. Make it really clear real early that this tech cannot just simply use our work to create prompts, even if those prompts are messy. Sooo…who wants to do this?"

7.31.22 Facebook pg

Midjourney

Karla’s post: “Ok did a deep dive of Midjourney.  I got some concerns.

They have a basic subscription model, between $10-$54 dollars per month. So if your name is being used as a prompt on that site (and if you’re an even remotely publicly known artist, actor, public figure, etc, your name is on there.) they already profit from it.

They also offer a corporate subscription model for $600 per year. Take a look at their commercial license. They claim they can give their corporate clients full ownership to the assets Midjourney produces, which is absolutely wild considering the overreach of their prompts.

Their terms of service is extremely vague overall, but if they train an AI to use copyrights, or anything of the sort, they basically shift the blame to the users. But what about the profits they made from said user?

Outside of extremely odd wording, there’s also no follow up on what they actually do when copyright infringement occurs. They say you can file a DMCA takedown, but how does that work? Do they erase all content that had copyrighted prompts? Do they guarantee that the AI can no longer utilize that learned imagery? What about if you do not want your name utilized there as Midjourney profits from it the second someone uses it? This all seems extremely vague and honestly shady to me. (next 5 images were shared by Karla on her post)






Midjourney looks like an absolute legal mess. I can 100% see folks using a celebrity’s name as a prompt, get a fairly decent likeness, and utilize that for an ad if you decide to buy a corporate license. For example an illustration of Scarlett Johansson for a sci fi book as pictured below. Note, this is just 1 example out of many. I saw hundreds of realistic looking celebrities,  flagrant use of ip in their discords everywhere, etc. it blew my mind. That they have not yet been sued is a miracle, probably made possible because unless you have access to the discord, you cannot see the images created.

As mentioned in previous threads, i think AI is an interesting tool that can lead to exciting use cases, but it needs to be approached in an extremely ethical and measured way. And from what I’ve witnessed today, Midjourney is anything but…"

 AUGUST 2022

8.13.22 Facebook pg

Karla’s post: “Ethical and technological concerns aside, when I look at AI, it makes me think how starved folks are for figurative work. Most of the prompts I see are people trying to recreate Bouguereau, Mucha, Sargent, etc.

Makes me wonder if collectively we truly need aesthetically pleasing and tangible art, far more than what the art markets provide. Or far more than what we imagine ourselves.

Also, real talk, it looks like a singular new incredible artist came into the scene, as it kind of looks like work from the same person to me. But yeah. Interesting, enchanting, concerning, frightening. Really feels like someone opened Pandora’s box, huh? Wonder what it’ll be like in 5 years.”

8.14.22 Facebook pg

Muddy Colors 8.11.22 link.  https://www.muddycolors.com/2022/08/robots-vs-lawyers/?fbclid=

Karla’s post: “Excellent article on the state of affairs of AI and IP laws by the wonderful and insightful Lauren Panepinto via Muddy Colors”

8.30.22 Facebook pg

Karla’s post: “Here’s a very interesting tool that checks which images were used and from where they were taken, by the first Stability Diffusion dataset.

I searched my name and saw plenty of my work. Note from the authors “ this is only a small subset of the total training data: only 0.5% of the 2.3 billion images that it was first trained on.

Funny enough all of my images are mostly scraped from Pinterest, of work that I’ve never even uploaded to that site. Including my own traditional work 😭. (Posted in comments below)



So much trademark content in there too☠️

Here’s the tool to check out if your work is in a tiny subset of one the three massive databases Stability Diffusion was initially trained in:

https://laion-aesthetic.datasette.io/laion.../images

Fun note this tool only looks at .05% of 2.5 billion images. The current data base for Stability Diffusion is approximately 5.8 billion images!!! 

The article explaining the tool is fascinating full of all kinds of interesting information and notes:

https://waxy.org/2022/08/exploring-12-million-of-the-images-used-to-train-stable-diffusions-image-generator/

Great work by Andy Baio and Simon Willinson!

SEPTEMBER 2022

9.1.22 Facebook pg

Karla’s post about 8.31.22 Town Hall meeting w/ link for You Tube download.

“Hello everyone!

Here's the recording for yesterday's AI & Industry: Impact, Issues and Solutions Townhall.

Hosted by the Concept Art Association & myself, with guest Christian Alzmann, Lauren Panepinto , Craig Mullins, Frank Gonnello and Abhishek Gupta (further guest information in video!) .

I believe this was a very much needed conversation for this pivotal moment, so hope you an all give it a watch here:”

https://www.youtube.com/watch?v=LYO9sii1eKA



9.3.22 Facebook pg

Karla’s Post:

“Oh boy. This is just the Bloodborne marketing art pasted on some of these ai generations. ☠️

I know fans dont like to hear this, but stuff like this is an issue, especially when commercial rights are granted.  It’s just so messy at the moment. 😔


Ps. these images were found by using Lexica! A really handy tool that let’s you check some of Stable Diffusion imagery by prompts alone.

https://t.co/rqmEM3ff0v

You Tube clip shared on comments thread

https://www.youtube.com/watch?v=e_mq6ANKAm4

9.10.22 Facebook pg

Karla post: “On local hellsite, twitter dot com, the wonderful artist and ai prompts fan favorite, Greg Rutkowski, expressed the following: "Well I guess soon I won't be able to find my own work on the internet cause it will be flooded with ai stuff."

An unforeseen consequence of all this is that if you get popular enough as a prompt, your own work can be drowned out by intentional imitations of your work in search results and social media. Could this harm our ability to advertise?

Shame to all the companies that took the names and work of artist without consent, permission or compensation, and are making insane profits by doing so.

I mean, even early AI software, Disco Diffusion, used Greg’s name as an EXAMPLE prompt (pictured below. Source at end of post) He was never once asked.

AI visual companies should’ve asked Greg for permission and worked partnerships with him to *opt in* to this. They could have given him a small percentage of profit each time his name or work was used. They could’ve materially changed his life, while users enjoyed the results of his hard work. But instead they engaged in an egregious overreach of data, claiming all of our works and our names as theirs to use as they see fit.

These companies say this will “democratize art”. What they don’t say is that they do so on the backs of artist’s work and their names, with no way out. Hell, not even the families of our dead can have a say in how their loved ones art gets used (Syd Mead, H.R Giger, Thomas Kinkade, Frank Frazetta, Moebius, etc).

The technology is indeed exciting, and it shows so much promise. But this current iteration is deeply irresponsible.

Worst in all of this is that even if opt out measures are hastily implemented, in the form of blocked prompt lists, because of how the software works, it wouldn’t be able to fully forget the works of artists who do not wish to be a part of this. This is because once the Ai associates, let’s say Greg’s work, with other generic terms such as “fantasy” or “oil painting” his work will continue to be used to generate imagery even if using other prompts, as the software has made that association.

So the AI software will continue to use his work, even if these companies managed to block his name from being a prompt, if he so wished it.

Its frustrating because it didn’t have to be this way. Here’s how it could be:

Smart companies could future proof and build models based only on public domain works. That alone could create wonders (hello, Sargent is in there! ). For more modern works, seek partnerships with artists, photographers, actors, animators etc.

Companies could pay to use artist’s works and names, each time the work was utilized. This also celebrates the work of the artists they utilize, while ensuring that artists who do not wish to be a part of this don’t end up in their software. Respectful and beneficial.

Companies like this would also be able to offer true commercial licenses to users, without any concerns of copyrighted data being utilized at any point of the process. This would make for a technology that respects creatives, doesn’t steal from them and shares profit.

We need responsible leaders in the Ai world who will not only call out rogue companies that operate on nefarious practices, but will also lead the way to more equitable technologies. Especially as these technologies could potentially harm our creative workforce ecosystem.

In conclusion, if you say you care about art, about creativity, don’t then turn around and take the work of photographers, fine artists, illustrators, concept artists, or artists in general, so your software generates better images, without paying them and not even giving them a true way out.

Notes:

1. Disco Diffusion: To find Greg's name (alongside Thomas Kinkade's) utilized as an example, scroll to the "Prompt" section. As of today, its clearly there.

With this link: https://colab.research.google.com/github/alembics/disco-diffusion/blob/main/Disco_Diffusion.ipynb?fbclid=


9.14.22 Facebook page –

Content Warning: more AI stuff, and more long writings/musings ahead. If exhausted by the subject please, skip this. I swear I'll flood your Facebook feed with nicer things in the future! Ok with the warning done, let's begin:

Today, a fantastic article from the Guardian was released that allows us to see a glimpse of the views of former hedge fund manager and venture capitalist, now founder  of Stability AI/ Stable Diffusion's founder, Emad Mostaque ( fun fact, he also provided an initial grant for Midjourney!).

This section is particularly concerning:

"" But Mr Mostaque says he's not worried about putting artists out of work - the project is a tool like Microsoft's spreadsheet software Excel, which - he notes - "didn't put the accountants out of work, I still pay my accountants".

So what is his message to young artists worried about their future career, perhaps in illustration or design? "My message to them would be, 'illustration design jobs are very tedious'. It's not about being artistic, you are a tool"."




He suggests they find opportunities using the new technology: "This is a sector that's going to grow massively. Make money from this sector if you want to make money, it'll be far more fun"." You can read the full article here:  https://www.bbc.com/news/technology-62788725

This is dehumanizing language, intent on reducing human artists to mere "tools". It is a deeply offensive tactic, but there is purpose behind these words.  So let's discuss it.

Your labor, your craft, your dedication, and your human experience has to be reduced to that of a tool. He needs your artistic existence and your contributions erased in order to make *his* tool more palatable, to ease the potential existential threat this is to human artists.

He also pushes the perception of professional creative endeavors as tedious, or another implied word, "menial". Because that is the promise of technology. To rid us of menial labor, like digging holes with shovels, and he's here to sell you the latest hole digging software!

But art, even in professional settings, is not menial. It is skilled creative work. It is humans communicating ideas to other humans, whether they be visual, audio, language, etc. It is an incredible process at the heart of humanity, one human communicating with another human.

Let's take a look at a professional artist who Mr Mostaque, claims is a tool. HR Giger  is an admired and loved artist for our community and the world. His work, contribution and life experiences brought us the haunting imagery of the Xenomorph from Alien & so much more!

But it makes sense for Mr. Mostaque to wish to see HR Giger's contributions to humanity as mere a tool. In his own software, Stable Diffusion, HR Giger's name and work has been utilized as a prompt  24,130 times (as of 8/13/22). All of this without the consent of HR Giger's estate.

But that's the purpose here. When you see humans as tools, then it's easier to erase their contributions and easier to disregard their human rights.

Ironically, Mr Mostaque, is dead set on telling the world how creative and artistic his software is! The software that was built upon the work and contributions of those artists he now trying to diminish. The software that is "democratizing" art, but  "do please dismiss artist's vote and voice, in fact dismiss them entirely".

I'm not sure if he says this out of deep belief,  or if he NEEDS to believe this, as it's easy to dismiss the harm caused, when you dehumanize those you harm.

I'd honestly love to talk to him face to face to see which is it!

But one thing is clear to me, the disdain, lack of empathy and misunderstanding of human artists cannot be the defining feature of our communal AI future. In my opinion, a person with such harmful beliefs towards those he benefits from, is just not fit to lead this moment.

The harm this will create to humans, to artist and our collective human creativity would be immeasurable if the defining philosophy to this monumental development was "make money, take credit, use real people's craft and their humanity, as tools for you to use and discard".

To me this is is a wake up call for all writers, musicians, photographers, fine artists, performers, animators, game developers, poets, anyone in the creative fields (heck, even coders). You must know there are plans in motion by Stability AI to expand to every reach of our industries (seriously read through his AMA from a couple days ago, link below).

If there was ever a time for us to unite it is now.

If we do not advocate for our creative humanity, if we do not organize and mobilize, the ones at the table dictating our future will be those who see us as tools to be profited from and then discarded.

It's already happening in UK. AI companies are seeking to push laws to be made where all of our copyrighted works can be utilized by their companies, for commercial purposes without needing to seek permission.  Full consultation papers in links at end of post.

Anyhow I know it's dreary, but this doesn't have to be our future. We can work together to create models of AI that compensate our work, if we so desire. We can work together so no artist's work is a part of these data bases, so our names are not used without our consent. We can work together to ensure limits of AI are implemented in industries, so whole teams aren't at risk of replacement! We can do so much! We WILL do so much!

I wish we weren't living through this. The pandemic, the wars, the state of our world, is hard enough as it is. But this is the time for us to step up, reach out to each other, and help define what this technology will mean to us, to our children and to all future artists. 

Let's end it with a better author than I:

“I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us.”- J.R.R Tolkien

Sources:

Reddit AMA thread: https://www.reddit.com/r/StableDiffusion/comments/x9xqap/ama_emad_here_hello/?utm_source=share&utm_medium=ios_app&utm_name=iossmf

UK consultation papers:

https://www.gov.uk/government/consultations/artificial-intelligence-and-ip-copyright-and-patents/outcome/artificial-intelligence-and-intellectual-property-copyright-and-patents-government-response-to-consultation?fbclid=

9.15.22 Facebook page

Karla on AirTalk

https://omny.fm/shows/airtalk/rise-of-ai-art-9-14-22



Here's the excerpt of yesterday's chat on KPCC NPR Air Talk with Larry Mantle.

Apologies for my own audio quality. If there's a next time I'll be sure to upgrade my sound! There's a couple points I wish I could've made but honestly as it was my first radio interview like this, I was a tad nervous lol

Anyway loved being a part of this, alongside Claire Leibowicz! Such a wonderful chat!


9.16.22 Facebook pg

Karla’s post: “I think everyone should read this fantastic piece by Melissa Heikkilä.

Full transparency, I’m quoted briefly, but more so important read Greg’s story!”

With this link from Technology Review:

https://www.technologyreview.com/2022/09/16/1059598/this-artist-is-dominating-ai-generated-art-and-hes-not-happy-about-it/?fbclid=


9.18.22 Facebook pg

Karla’s post: “Seeing some folks dismiss serious grievances towards emerging AI technologies. I get it, it’s exciting and could potentially be a great tool!

But all I’ll say is, if AI researchers, AI engineers, AI ethic advocates, and even AI task force members to the White House are horrified to find out how this technology actually works, how it uses data scraped from illegal sources (Like Pinterest, Shopify, Deviant Art, or Fine Art America) and how it’s a huge tech overreach of copyright and privacy data,  then maybe it’s not such good idea to diminish legitimate concerns?

Just a thought!

Anyway here’s a wonderful read. Check out in particular Daniela Braga’s thoughts here.”

With this link from Forbes:

https://www.forbes.com/sites/robsalkowitz/2022/09/16/ai-is-coming-for-commercial-art-jobs-can-it-be-stopped/?fbclid=

 

9.18.22 Facebook pg

Karla’s text:

I wrote this as a response to a friends comment (im so sorry its so long 😭) but I figured the research and info was worth sharing. note: I changed the original text a bit to better fit as a post:

The question overall is, do AI companies utilize copyrighted material?

So I found out via their Discord MidJourney utilizes a data set called Laion. If I’m not mistaken they’re upgraded from Laion 400 to  Laion 5b.

Both of these data sets are currently being studied in depth, but before getting into it, you can actually search these data sets on your own!

In there you’ll find what images the ai is being trained on, and lemme say its riddled full of copyrighted material from a lot of different sources not just artists but also businesses of all kinds. You can search the data base here (search result set to HR Giger so you can see how many of his works are in the data base).

https://rom1504.github.io/clip-retrieval/?back=https%3A%2F%2Fknn5.laion.ai&index=laion5B&useMclip=false&query=HR+Giger&fbclid=IwAR1d3JcjYNkx01qk24P1MHaoWIDnQhwFXsQi1SOIgfgI3bTXr_miC8PaNk4

You can also use tools such as lexica.art, Libraire.ai or haveibeentrained.com to find your own works.

Anyways, good news is these data sets are being studied upon. Specifically where these images are scraped from. Here’s a study on the initial data set:

https://waxy.org/.../exploring-12-million-of-the-images.../

And here’s another study on a larger data set:

https://docs.google.com/spreadsheets/d/1rzuf-rkCB8zql6A5hG6_PF2yICOIcyWArgEvpQ18Mic/edit?fbclid=IwAR3VU0rVKXxV9WGE3KRNlAV7CqnMspeeTi1s2TPxNwc0JaohgSt_anXSSWE#gid=1697668303

What research has shown is that the data sets scraped data from places like Shopify (36,469,372 times!) Pinterest (30,908,667), Deviant Art (500,000+) times, and heck even business like Nordstrom or Disney.  This is a huge legal mess because the ToS of so many of these companies disallow for data scraping, especially for commercial purposes.

Do keep in mind this isn’t a study on the full data set. This is only research of one of the 6 data sets that Laion 5b is trained on. These studies have only looked at about 600 million images out of 5.8 Billion images. Not to mention this is not only scraping data from artists without permission but also from all kinds of businesses, both big and small!

So if the questions is “is there copyrighted material used to train MidJourney and Stable Diffusion” the answer is 100% yes.

Now what about the question, does ai generation create something new? Even ai experts are unsure of how deep learning actually works (tho most of them will say it’s definitely not like how humans learn). But we have seen AI generated imagery straight up copy paste material like for example the Bloodborne marketing material.

Compare Stable Diffusion generations here:

https://lexica.art/?q=Bloodborne

To Bloodborne’s actual marketing material (added as an image on this post) . If you also scroll through MidJourney’s discord you’ll find a bit more variety but dig long enough and you’ll still find copy paste like material.

I have a suspicion that a lot more copy paste occurs but because the data sets are so huge it’s difficult to verify. An example is the case of the painting “Scorched Earth” done by artist Arcipello in 2012 (https://www.deviantart.com/arcipello/gallery ). A user generated an Ai image that has an uncanny resemblance to Arcipello’s original painting. Tho important to note the AI could have also used this rip off of Arcipello’s painting by this amazon business as a base: (https://www.amazon.com/Diamond-Painting.../dp/B09Q8PW5VY )

Now the interesting thing is that when the user provided the prompt used, nowhere was the name Arcipello used.

This could potentially be an example of how ingrained artists work is in the data sets, as even when generating imagery without the use of an artist name, we can get similar images, and potentially copies of an artists work. This could also potentially exacerbate theft issues, as one could argue it sampled amazon’s rip off and not the original painting (examples in the post). “Theftception”?. Too many questions. Too many legal grey areas . Its wild.

The tech is indeed exciting, and could be a wonderful tool, but its current implementation of it is a mess imo 😞

TL;DR: Yes, there is without a doubt a LOT of copyrighted data being used. Also we’re not sure how much of the generation process is remixed or just copy pasted.”

With photos and this text:

“Prompt: a volcanic fire waterfall from the mountains of cherry blossom trees on to ocean.”




9.20.22 Facebook post w/ this comment from Karla:

“Regardless how anyone feels about AI, this kind of exploit is just not ok.”

With this Artnet link:

https://news.artnet.com/art-world/a-i-should-exclude-living-artists-from-its-database-says-one-painter-whose-works-were-used-to-fuel-image-generators-2178352?fbclid=IwAR03Qn8aT-ktoCYz8lv8AY9L_erb_MmzE3rlXtVZPwesCt2u5CNtfDOihmw

art from link -- Greg Rutkowski, 'Dragon's Breath,' 2016.



9.21.22

Artist’s Medical record photos posted Link posted on her FB page 9.21.22


https://arstechnica.com/information-technology/2022/09/artist-finds-private-medical-record-photos-in-popular-ai-training-data-set/?fbclid=IwAR2JUzbT_GujTJWnV5dIezRea4MLiC5Uxw0MSsF_7cRJyhdq1ori_CYKljc

9.21.22


Getty Images Link posted on her FB page 9.21.22 w/ this excerpt:

https://www.theverge.com/2022/9/21/23364696/getty-images-ai-ban-generated-artwork-illustration-copyright?fbclid=

“There are real concerns with respect to the copyright of outputs from these models and unaddressed rights issues with respect to the imagery, the image metadata and those individuals contained within the imagery,” said Peters. Given these concerns, he said, selling AI artwork or illustrations could potentially put Getty Images users at legal risk. “We are being proactive to the benefit of our customers,” he added.”

9.29.22  Facebook pg

This is exciting stuff but we're gonna need regulations on this stuff a.s.a.p!

I also hope all creatives realize this isn't an issue for just concept artists or illustrators, it'll soon be an issue for all of us. These technologies will only get better.

Btw, if that proposed law in the UK comes to pass, note that anyone's copyrighted data can be used freely, without permission and for profit, by companies like Stability Ai, but also behemoths like Meta/Facebook too...

https://www.gov.uk/government/consultations/artificial-intelligence-and-ip-copyright-and-patents/outcome/artificial-intelligence-and-intellectual-property-copyright-and-patents-government-response-to-consultation?fbclid=IwAR1XGXlmarQPhQWWvOX_wjNyVyFNVo6Q_vMf_qNq9jZUoiTJr3oDH6YQj9w

Edit: holy shit the entire database that trained this was taken from Shutterstock, potentially without permission AND from a Microsoft Asia Research set that scraped 3.3 million Youtube Videos. HOLY SHIT.  All these data sets were created by research licenses but FB is likely to use this for commercial purposes. Wow. Read all about it here:

https://twitter.com/waxpancake/status/1575557266849562624?s=46&t=TtB-z2fWbvN3Ep1jNy25Gg&fbclid=IwAR2BE0jVOjCahpzrnF3tafPXJPbAFMqdJHsC0C69fla0wnlKfFEgmdsvuL0

Are you an Illustrator in the UK?

Do you know there is a proposed law change in the UK that could allow corporations (specifically AI companies) to use your work and data without any permission or compensation, and use it even for commercial purposes?

Tell the Association of Illustrators how you feel about it! They can’t fight for you if they don’t hear from you!! 🔥 🔥

https://forms.office.com/pages/responsepage.aspx?id=xKzTv7gzPkuN6vXqZwwr3tT0oDemCPZFp-GUy2H6wi9UNVFRRVM3UVY2QUZQNzk0NVczVUFDRkdTRy4u&fbclid=IwAR0K6gYpyks32iRVboX8X6uaqwvyeHNMTRhEZsec6fvdvD1w-usZK0uFbpg

And to read  their full explanation on this check out their twitter thread here:

https://twitter.com/theaoi/status/1573330882714296321?s=46&t=ILJ3eU9xvILiT-ZVOsPMfQ&fbclid=IwAR0hmBTCvtn7dSZ10vif4FPOFubrx16LuyKMj92ml1aXXGCjytAyH36e320

9.29.22 FB pg

"Is AI art “art”" is the most boring discussion.

In my opinion the better discussions are:

How can we ensure this tech isn’t exploitative, that creative labor is protected and compensated, and that the public has the tools to know if something is AI. What policies will we need to do all this?

Speaking of which, out of curiosity, what policy and/or regulations would YOU like to see implemented? Both for companies providing AI tools AND companies utilizing it.

 

 

Her reply to Miles Vesh Miller (Design Engineer – Spectacles at Snapchat) from Comments thread to this post…

From Miles:

Miles Vesh Miller

(replying to Feifei Wang) --  there are no “source images” being composited. This comment along with many others are deeply misunderstanding the very core of how deep learning works.

It’s hard watching so many artists I respect going through an existential crisis with advances in ML, but also disheartening to see the calls for “what policies should we implement” from a community that quite literally has no clue how this works.

I’ve been hesitant to even waste time posting a response to any of these threads, as I’m literally walking into a lion’s den.

Karla Ortiz, if you’re ever interested, I’d love to talk in depth with you and share the perspectives I have. I’m a big fan of yours (and came to one of your gallery showings in SF a few years back!). I’ve been in this field for ~5 years now starting from before the first StyleGAN paper was released. I’ve worked at both small startups, Riot Games, and most recently Snapchat (hired as an ML engineer although I lead an R&D team for our AR glasses these days). I think it will be helpful to understand from first principles exactly what is possible and how information is represented in ML.

I’m not a professional (or good) artist, but I did spend a non trivial amount of time grinding in art and I think I could offer unique perspective that most other ML engineers don’t have.

Karla Ortiz

Miles Vesh Miller i think what the person is referring to is imagery trained upon the data base. And having a potential tool that could showcase everything that was used in the process. Very difficult to implement at the moment but a proper goal nonetheless.

Also hi Miles! I hope all is well.

Personally I gotta say I’m personally not having an “existential” crisis, but rather seeing exploitative practices and wishing for these tools to not have them. In other words, this doesn’t come from a space that hates advances, but rather is very concerned about poor intentional practices from certain AI companies.

Also please note, while I’m certainly no expert, I have spent almost this entire month speaking to Ai experts, engineers and ethics advocates such as Abhishek Gugpta , and folks from Partnership AI and they’ve agreed that there are specific practices that are indeed exploitative and deeply problematic in the industry.

But how about this rather than see this as a lion’s den (and if you’ve been to my show you know how nice we really are 🙂 ) why not instead see it as an opportunity to understand the root of our concerns (potential exploitation of our data, both creative and private) and perhaps state what things you think could address our concerns?

Policy isn’t a scary thing btw, its just good rules of engagement for companies to follow.

So what in your industry do you see could be done better? What do you think could be a policy that could ease artists concerns? Public domain? Licensing? Anything more specific?

Let us know! Also hope all is well!

Miles Vesh Miller

Karla Ortiz the imagery in the training set for stable diffusion is known and public. It’s a subset of LAION. All images in that dataset could be argued to have “gone into” any output, because the model is learning extremely high dimensional abstract features from an enormous corpus of raw signal.

Didn’t mean to project anything about a crisis for you personally btw - sorry if it came off that way. I lead a small team at Snap working in a different space and my 3D artist has been having a difficult time with the rapid pace of advancement and the feeling that all of her grinding is being made irrelevant. Some of my best friends are industry artists I met when I was a game designer on League at Riot, and I’ve had a lot of heartfelt convos with them.

I’m not going to pretend I truly understand what artists are going through right now.

Training data licensing is a noble cause baseline, but as I mentioned in a different comment it’s ultimately not going to stop what I imagine is the core problem for working artists - having their jobs be replaced.

If there are sides to be chosen in this whole generative AI arms race, I tend to fall pretty hard in line with Stability AI’s philosophy. My concern is that big companies funded by billions of dollars will ultimately be the ones capturing the value. Stability AI publishing the actual weights of Stable Diffusion was a *big deal* to me. Now more than ever, I think we need to keep progress in the hands of the people and not in a few big corporations.

On the artist side though, I think the battle being fought might be the wrong one. It’s not my place to say, but trying to ban prompts isn’t going to get anywhere. I’m happy to delve into why, but that deserves its own space. The battle I think we need to be fighting is for Universal Basic Income, or some equivalent that guarantees as jobs are made automated that people can still live and pursue their passions.

Miles Vesh Miller

Karla Ortiz also I’ve always appreciated your approach in conversing around difficult topics. Your posts are definitely a much safer space to engage in this type of discourse than anywhere else right now.

Karla Ortiz

Hi Miles.

Thank you for your post.

I do have to address some misconceptions here.

It’s important to know Stability Ai funded LAION to be created. Its also important to know LAION 5B was originally for research which is why it could get away with scraping data from places like Pinterest, Shopify and so on, some of them , like Shopify 11 million times. (You can see the data on ONE of the data sets of Laion here https://twitter.com/ummjackson/status/1565136733250809857... ) .

There are two major issues i see, the raw data it learns from is littered with not only copyrighted data , but also private data (like medical record photos). It was taken without consent, permission, or compensation.

The process the machine utilizes to “learn from” is already bunk because the source it “learns from” allows for copyrighted and private data. I’ve seen too many examples now where it also showcases the machine can copy and paste as well, so how different is it really?

We really cannot ignore or excuse that companies took this kind of data like this, in the future forcing everyone to opt out, and taking our choice to opt in. I find that egregious.

Secondly, I never said I wanted to ban AI! I said I want to regulate it and it should be regulated. I also want companies to ditch their current data sets, and transition to public domain only, retrain their models based on public domain. That seems the correct choice if they so wish to profit from this. And further laws will be needed to better regulate research to commercial pipelines, what kind of data can AI be trained on, pausing the use of people’s full names (unless an individual want to)and provide the public tools necessary to know is it AI or not. These are very practical stances and not at all the “i want to ban” stance that was claimed.

And lastly, I actually find Stability Ai very irresponsible. Emad Mostaque released to the public and immensely powerful tool with no safety mechanisms and a copyright/privacy data ridden data set it uses and was trained on.

He did not think of all the potential harm like blackmail, violent imagery, potential revenge porn, identity theft, and general use of data that isnt theirs (copyrighted works, medical records, etc)

The media did ask him about potential consequences and he didnt care.

https://techcrunch.com/.../a-startup-wants-to.../

Heck I asked him and all he said was that a paper would be published soon…he released it a couple days after and that paper never came…

And this isnt just me.

I’ve spoken to various and prominent Ai ethics advocates about this and they found his actions to be single-handedly the worst thing to have happened to Ai tech in terms of ethics. The tech was just not ready yet.

And here’s where it pisses me off even more. Emad funded this, released it to the world, and now when pressed about the issues the models contain, he’ll say “oh there’s not much we can do, it’s already out there”…. My dude, HE did that! He put the tech out there.

So I find them to be the most irresponsible in the space . Which is why they must be regulated…they’ve shown they do not care about consequences yet will sing songs about creativity and how great they are, all while pocketing massive cash, and knowing they released a problematic technology to the world..

It didnt have to be that way. Basic safety measures could have been added that was mindful of people’s data and potential harms .its why others in the space have moved slowly, because this kind of tech is so impactful it cant be treated so irresponsibly.

And yes, we’ll need universal income regardless, but we’re not there yet.

Anyhow…Miles, do you have any ideas on how to best regulate your industry? Anything that you think would be important to protect people? let me know!

(End of this exchange from the comments thread)

9.29.22 FB Post:

Amazing article by Andy Baio that so succinctly describes one of the many big issues AI companies have, Data Laundering! The process where academic and non profit research, sometimes funded by corporations (like Stability Ai did with LAION), is then utilized for commercial purposes by major corporations.

This is a way to shield companies from responsibilities and accountability when gathering data they normally would not have access to!

So get familiar with the term Data Laundering, because it is *precisely* what these companies are doing.

With this link: https://waxy.org/2022/09/ai-data-laundering-how-academic-and-nonprofit-researchers-shield-tech-companies-from-accountability/?fbclid=I


9.30.33 FB Post

Last AI post before I leave social media for the weekend (seriously we all need breaks lol).


You know how I know AI companies like Stability AI, knowingly and purposefully took and used visual artists and general public copyrighted data and private data without a care or concern (aside from seeing data on where they scraped their data from.)?

Let me present to you the way Stability AI has handled their music model, Dance Diffusion.

They built their data sets entirely out of copyright free music and allowed musicians to opt in. Listen to this admission

“Because diffusion models are prone to memorization and overfitting, releasing a model trained on copyrighted data could potentially result in legal issues. In honoring the intellectual property of artists while also complying to the best of their ability with the often strict copyright standards of the music industry, keeping any kind of copyrighted material out of training data was a must.”

Where was this care and consideration for visual artists, small businesses and the general public? What are companies like Stable Diffusion/Dream Studio and Midjourney doing to rectify this situation? Will they compensate affected artists? will they shut down operations in order to comply with the standard Stability Ai’s own music program complies with?

I need artists to understand, these folks are exploiting your work and your rights. And the only reason they do it to us is because we assume “its bound to happen” or we play into the game of “oh its just a tool” when its more than that. Its companies deliberately taking, using and profiting off your data. That they can abide by more ethical practices elsewhere shows us that they could have done that with us…but they chose not to.

Further resources:

Link to Dance Diffusion where screenshot was grabbed from:

https://wandb.ai/wandb_gen/audio/reports/Harmonai-s-Dance-Diffusion-Open-Source-AI-Audio-Generation-Tool-For-Music-Producers--VmlldzoyNjkwOTM1?fbclid=IwAR2biOlXQ_jem4hIp3hwug6iGG3-3NfY9IT_ktN40D4xVIcqxcnJOymDhr4

More info on Dance Diffusion data sets:

https://wandb.ai/wandb_gen/audio/reports/A-Gentle-Introduction-to-Dance-Diffusion--VmlldzoyNjg1Mzky?fbclid=IwAR0v2qbW8chNsGQd1eO4kXqe-blvyLdwv9IdWovJDsmL_MxWja4Qmx0LE-Y

----------------------------------

This ends my summary of Karla's posts from July - Sept on AI. 

Thank you Karla for putting this and other important artist life topics on the radar. 

Karla's thoughts on NFTs are featured in the 12.21 update on this blog post from 4.21 

https://stuartngbooks.blogspot.com/2021/04/nfts-in-news-case-studies.html

No comments: