TehPers

Can someone TL;DR on what “AI mode” is? Haven’t used Google in a while, but it sounds like a chatbot to me.

The models themselves are nondeterministic. Also, they tend to include a hidden (or sometimes visible) random seed that gets input into the models as well.

Generally speaking, a person making fan art and not selling it is going to be protected under fair use.

This is not generally true. The fan art also usually needs to be sufficiently transformative, and could still be violating, for example, if a character is widely licensed.

Fair use is really complicated. Usually it’s better to see if the copyright holder has any public policies on community creations, like WOTC’s fan content policy.

Fair use, in the US anyway, is based on four factors (source):

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

Not selling fan art helps to bolster factor #1, though that alone isn’t enough. Fair use itself would need to be determined by a judge, but ensuring the work is transformative enough and doesn’t disincentivize someone from purchasing the original work is probably enough commercial or not, but noncommercial theoretically should help.

(Not a lawyer, but I’ve followed this a bit)

Edit: note that fan art could be fair use but violate a trademark or other similar protected mark.

This is a title of all time. Seems like it’s supposed to teach how to express empathy, not how to have empathy. That title goes in the books for being a fuck up of all time.