Can you cite a source for that? All I can find is that the First Amendment covers parody and to a lesser extent satire, which are different from pastiche.
Also, pastiche usually is an obvious homage and/or gives credit to the style’s origins. What AI art makers often do is use the name of a famous artist in the prompt to make an image in their style, and then not credit the artist when distributing the resulting image as their own. To me, even if this isn’t technically forgery (which would involve pretending this artwork was actually made by the famous artist), it’s still ethically questionable.
That link has to do with copyright. I will give you that pastiche isn’t a violation of copyright. Even outright forgeries don’t violate copyright. Forgeries are a type of fraud.
Again, pastiche in common parlance describes something that credits the original, usually by being an obvious homage. I consider AI art different from pastiche because it usually doesn’t credit the original in the same way. The Studio Ghibli example is an exception because it is very obvious, but for instance, the Greg Rutkowski prompted AI art is very often much harder to identify as such.
I admit this isn’t the same thing as a forgery, but it does seem like something unethical in the sense that you are not crediting the originator of the style. This may violate no laws, but it can still be wrong.
Stylistic pastiche is unambiguously protected by the First Amendment, not “forgery”.
Can you cite a source for that? All I can find is that the First Amendment covers parody and to a lesser extent satire, which are different from pastiche.
Also, pastiche usually is an obvious homage and/or gives credit to the style’s origins. What AI art makers often do is use the name of a famous artist in the prompt to make an image in their style, and then not credit the artist when distributing the resulting image as their own. To me, even if this isn’t technically forgery (which would involve pretending this artwork was actually made by the famous artist), it’s still ethically questionable.
This is more a copyright law question than a First Amendment one, at least under current law. E.g., https://www.trails.umd.edu/news/ai-imitating-artist-style-drives-call-to-rethink-copyright-law.
I believe whether the 1A requires this outcome is unclear at present. Of course, there’s a lot of activity protected by the 1A that is horrible to do.
https://law.stackexchange.com/questions/98968/are-art-styles-subject-to-ip-protection
That link has to do with copyright. I will give you that pastiche isn’t a violation of copyright. Even outright forgeries don’t violate copyright. Forgeries are a type of fraud.
Again, pastiche in common parlance describes something that credits the original, usually by being an obvious homage. I consider AI art different from pastiche because it usually doesn’t credit the original in the same way. The Studio Ghibli example is an exception because it is very obvious, but for instance, the Greg Rutkowski prompted AI art is very often much harder to identify as such.
I admit this isn’t the same thing as a forgery, but it does seem like something unethical in the sense that you are not crediting the originator of the style. This may violate no laws, but it can still be wrong.