You’d be making a mistake there. AI elements can’t be copyrighted, but human-created elements can. There’s also a line somewhere at which point AI generation is used as a tool to enhance hand-made art rather than to generate entire pieces wholesale.
Like, let’s look at this Soul Token for my Planescape themed Conan Exiles server (still in development).
I went into GIMP, drew a simple skull based on a design I found on google image search, slapped it on a very simple little circle, and popped it into NightCafe for some detail work. The end result is something I composed myself, with the most significant visual elements created by hand and spiced up a bit essentially using a big complicated filter. The result saved me hours and gave me one of many little in-game items to mod into my server that I never would have had the resources to produce in bulk otherwise as an independent developer.
Who owns it?
Well, I drew the skull after training myself on google image search data, but presumably my hand drawing of a fairly generic object still belongs to me. I drew the circle that makes up the coin itself, but NightCafe added some nicely lit metallic coloring, gave it a border, and turned my little skull into a gem. This, of course, requiring some prompt engineering and iteration on my part.
So is adding a texture and a little border detail enough to interfere with my ownership? Should it be? If I didn’t hand-create enough of the work to constitute ownership, surely there’s some point at which a vanishingly small amount of AI detail being added to the art doesn’t eliminate the independent creation of the art itself. If I were to paint an elaborate landscape by hand and then AI generate a border for it, surely that border shouldn’t eliminate the legitimacy of my contributions.
At some point, the difference between the use of AI and the use of a filter in an image editor becomes essentially non-existent. Yes, an AI can create a lot more from scratch, but in practical terms it’s much easier to get it started with a bit of traditional art than it is to spend hours engineering prompts trying to get rid of weird extra eyeballs and spaghetti fingers.
I’d love to see a more elaborate discussion on this topic, but so far all we get is some form of ‘AI bad!’ and then some artists dropping a little bit of nuance without it really seeming to go anywhere.
This technology has the potential to elevate independent artists to the sort of productivity that only corporations, with their inherent inspiration-killing bureaucracy, could previously achieve. That’s a good thing.
Seems like even if someone could in theory legally reuse some aspect of AI generated/assisted art, it would be prohibitively difficult or impossible to separate it out from the manually created components or know exactly where the line is legally, so it would be completely impractical to use.
Artists aren’t lawyers and don’t want to be. Except for the ones that are. But that isn’t most of us.
Artists make art. If you want to look for the people who like to make policy, look to the jackasses in suits who sit around having meetings about meetings all day to justify scalping the work made by actual artists. The same kinds of people who fund stories like this blatantly uninformed hit piece.
Fuck them and the horse they rode in on.
At some point the line will have to be discovered, because the use of AI for art isn’t going away. Suits can whine about it all they want. Art doesn’t really care.
I actually think this brings up a good point. Artists they hire for these tabletop game jobs will end up using AI to create a base image or backgrounds and edit it for the project one way or another. They'll do it to increase their own output and income.
Edit: And guys like this will pay you less to extract more profits from you with that in mind of course.
Oh boy, Travis Worthington comes off as such a selfish asshole in this interview. Paraphrased, and being a bit unfair to him, he just kind of says, “oh, we know fine well that we are benefiting from stealing art from others, and I’d really like if you believed that I cared about that, but the reality is that I don’t really give a shit, and if you’re an illustrator, just give up on your dreams of getting a job someday, because I certainly won’t be paying you”
Definitely gonna be avoiding indie games studios from now on.
Wow that name is so bad, it’s just a description. No wonder these uncreative twats need AI to make art. They can’t even think of a cool name for their studio.
I’m glad that you asked this question, because I also was like “wow, seems a bit extreme” before I saw people replying to you that that’s the studio name
Frankly, it's an absurd question. Has Polygon obtained consent from all of the artists for the works used by its own human artists as inspiration or reference? Of course not. To claim that any use of an image to train or influence a human user is stealing is to warp the definition of the word beyond any recognition. Copyright doesn't give you exclusive ownership over broad thematic elements of your work because, if it did, there'd be no such thing as an art trend.
Then what's the studio having its name dragged through the mud for? For using a computer to speed up development? Is that a standard that Polygon wants to live up to as well?
Totally agree, but where the line is, I think, is that companies want free lunch: they want to leverage a mind-like thing (either a human brain or a trained AI) that has internalized a ton off content that it can use to generate new content from, but they don’t ever want to pay them or treat them like a living being.
If these AI models ever become advanced enough that people actually consider them to be alive or conscious or something, suddenly the tables will turn, and companies will be fighting against their ethical treatment. It will basically be another, much more philosophically difficult, slavery debate, and we all know which side the corporations will be on.
Or maybe it’s simply a false equivalence we all need to accept. Maybe creativity can exist independent from a conscious brain, or maybe it’s just a vulnerability in human consciousness to look at these stochastic arrangements of data and say “that looks inspired”.
Either way, in 300 years our progenitors will look back at us and think, “wow, I can’t believe they thought that was ok. Clearly it was just a different time.”
they want to leverage a mind-like thing (either a human brain or a trained AI) that has internalized a ton off content that it can use to generate new content from, but they don’t ever want to pay them or treat them like a living being.
That's anybody, really. Everything you've ever accomplished has depended upon the insights and knowledge of countless other people who never saw a dime from you for it. That's part of living in a society and it's a crucial part of how it advances.
Or maybe it’s simply a false equivalence we all need to accept. Maybe creativity can exist independent from a conscious brain, or maybe it’s just a vulnerability in human consciousness to look at these stochastic arrangements of data and say “that looks inspired”.
I think that most of the value we get from creativity isn't from the mechanics of creating something. And I think that by removing the mechanical barrier, we unlock that value much more widely across humanity. Art is a form of communication. Will we ever feel the same connection when that communication comes wholesale from an AI? I don't know. But we're certainly not there yet.
That’s anybody, really. Everything you’ve ever accomplished has depended upon the insights and knowledge of countless other people who never saw a dime from you for it. That’s part of living in a society and it’s a crucial part of how it advances.
Yes, that is why I phrased it as I did.
I agree that art is a form of communication, but it’s also a source of inspiration regardless of the artist’s intent. A person can derive meaning that the artist never intended. So I wouldn’t say art is totally a subset of communication.
most of the value we get from creativity isn’t from the mechanics of creating something
This part I would disagree with. I think 99.999% of all art is created solely for the creator’s benefit. The other 0.00001% of art is hanging on display in museums, etc. In the case of creating music, the playing of the instrument is very important to the fulfillment of most musicians. And learning the mechanics of painting, or sculpting, etc., is where I think most of the value of most art comes from. The mechanism of creating art IS the act of communication; it’s channeling thoughts and feelings into something tangible. You likely had an art class in school, not because they wanted you to create something you could sell, or to learn a skill that was going to pay the bills, but because the act of creating art is fulfilling to the creator.
I think this is part of why Sand Mandalas are destroyed after they are finished being created. It’s not the existence of the piece that is important, it was the creation of it.
A bit of a quibble, but I think it’s a stretch to say that current-gen AI is mind-like. I’m of the opinion that, given the way current AI works, there isn’t any “creativity” in how midjourney/etc. generates images. Though you could make a solid argument for a detailed prompt being creative, or for a functional/algorithmic AI being a creative tool of the coder, in neither case would I say that the source of the creativity is the computer.
Then again, legal definitions would only allow creativity to come from humans, but I think other animal species are currently capable of creativity/art, in the sense of “do they do actions for purposes other than survival or reproduction.”
Yeah, the thing with neural nets is they’re neuron-like. Saying they’re mind-like is like trying to say your visual or auditory cortices have consciousness. Intelligence, sure; but that’s a low bar. Single-celled organisms have cognitions about the environment. So do plants. They’re both intelligent, in the same way that a lot of the low level machinery in your brain is intelligent, the same way that neuron-like software and hardware is intelligent.
Just another example of hierarchies embedded in capitalism. Artists have no rights, humanities are disdained; but big businesses that treat people as “resources” and “consumers” are privileged.
Absolutely. Just yesterday I tried asking stable diffusion to draw me “An elephant and a monkey dance while two cheetahs drink punch. The elephant and monkey look very happy. The cheetahs look bored.”
It drew me two elephants with monkey hair and two cheetahs. No punch, no dance.
If what you ask is somewhere in the bank of images it will draw it. But if what you ask is a situation the AI has never encountered before in any image, it will fail to invent it.
If all artists used AI we would be stuck on a loop of content that is not novel. Years from now we would stop seeing amazing incredible art. There would be no evolution at all in the styles.
I am glad that there are artists who continue to draw without AI even if it must be hard for them.
Can you think of a better term? I tried to clarify by saying, “thing that has internalized a ton of content that it can use to generate new content from”, but there’s not a succinct term for that. I would not call an LLM a mind, but I would say minds do this observe patterns->distill information->generate new patterns thing very well. So “mind-like” is all I could come up with.
legal definitions would only allow creativity to come from humans
That would be part of the ethical dilemma we will need to solve, which corporations will be on a very predictable side of. Our laws were written assuming that only humans were capable of creativity and consciousness (however linked, or not, the two might be).
Humans and computers see and understand artwork completely differently. If you tasked both a human and a computer to look at a painting for 10 milliseconds and asked them to recreate it from memory, how accurate would their reproductions be? It is completely wrong and very misleading to equate human learning with machine learning. They are completely different processes.
People who use AI will create a better cheaper product and at the end of the day its use as a new technology is justified. You'll be clinging to an ever smaller raft and eventually have to abandon your ideals.
And at the end of the day art is not stolen when used to train a machine. Copyright itself is an artificial legal construct, and it's the right to redistribute, not the right to learn from art. You can't invent rights out of thin air and get any when they're broken
People who use AI will create a better cheaper product
i feel like this assumes that there will still be human produced art to train on to improve the genAI model when there isnt any incentive for humans to spend so much time to learn to make art when it can be used for training and when machines can churn out pieces at a faster cheaper rate
(c) Restrictions. You may not … (iii) use output from the Services to develop models that compete with OpenAI;
from section 2ciii of OpenAI’s Terms of Usesomehow while its justifiable for corporations to use human produced work to train a machine that competes with humans, using corporate machine produced work to train a competing machine is not
this assumes that there will still be human produced art to train on to improve the genAI model when there isnt any incentive for humans to learn to make art when it can be used for training
Fears like this never pan out. People don't stop doing things just because of AI existing, and we still have people doing things like making vinyl records even though CDs exist or whatever, or taking old-fashioned photographs.
Artists are going to still exist and they're going to still be drawing art and they're going to continue to share it. It may take a chunk out of the number of people who want to learn art, but that's life and the people training these AI will adapt to it.
And even if they somehow totally disappear, people will find plenty of new and exciting ways to continue to push the boundaries of what AI can do, because at that point being able to do that will be what gives you a competitive advantage in the world.
OpenAI’s Terms of Use
Open AI is a shitty unethical company. Never use them as a litmus test.
And unfortunately despite what is right or wrong, lawsuits still managed to determine how behavior happens in our modern system, and groups like the MAFIAA (the music and film industry association of America) are happily willing to abuse the law to get their way so that they can make as much money as possible as well.
just like vinyl and other vintage works, i do think it will be a shame that human produced art will become scarce and likely only for the rich to enjoy. i dont see why they would share it freely anymore
And even if they somehow totally disappear, people will find plenty of new and exciting ways to continue to push the boundaries of what AI can do
this assumes that genAI models can improve without any new input. but to be honest, it feels more like a, once they wipe out a generation of artist, they are free to increase the price of their “Skill as a Service” out of the reach of an average person for more profit. the GPU and water the genAI models run on arent getting any cheaper so no risk of anyone spinning up their own cluster
will become scarce and likely only for the rich to enjoy
Look at the other side of the coin, every single person on the planet is going to have instant access to an artist in their pocket, a little machine that they can give an instruction to and get a workable piece of art out of.
That is something that only the rich have access to right now, enable creative expression beyond our wildest imagination for all of the people who don't have 5 to 10 years of their life to dedicate to learning art.
You looking at the negative, a relatively small negative, and totally ignoring the positive side of this coin which is going to change the face of human creativity as we know it.
It's like being angry that only rich people are going to have bands playing in their restaurants because the poor people will be using records. Sure, but we quite enjoy having prerecorded music nowadays and we would never give that up in exchange for live artists.
The same principle applies, our lives will be improved by this and as long as that's the case it's a good thing, even if it means change.
From my perspective you're fighting to keep this sort of self-expression in the hands of the few instead of the hands of the many. Your practicing elitism and pretending in the process that you're fighting for the common person, but the common person will benefit more from widely accessible and easy to use tools than the rich will.
i dont see why they would share it freely anymore
Because humans like to express themselves and share that expression as widely as they can for no other reason than the active sharing and having their works seen by many.
The most pure and durable Art is Art as a hobby. Art as a form of self-expression?
this assumes that genAI models can improve without any new input
They can. Or at least, you can use things like human rating systems to guide an AI to produce outputs that people enjoy and train it that way instead of using raw works of art.
As a rule, if humans can do it, AI can do it too. It's only a matter of figuring out how.
do let me know if im coming off as combative and this isnt the place for it, i do admit i definitely am a pessimist
Is something that only the rich have access to right now, enable creative expression beyond our wildest imagination for all of the people who don’t have 5 to 10 years of their life to dedicate to learning art.
isnt this possible just by commissioning an artist from fiverr or deviantart with your own prompt of an image you want. for the amount of times a person wished they had spent time learning how to draw, we would let many more companies get away with not paying artists for every piece of art available in a board/card game so they could make more money
Sure, but we quite enjoy having prerecorded music nowadays and we would never give that up in exchange for live artists.
would we give that up instead for genAI created music? no one has the time for 5 to 10 years of vocal training too
Because humans like to express themselves and share that expression is widely as they can for no other reason than the active sharing and having their works seen by many.
when genAI models can learn from art faster than a human can, art becomes a working professional artist’s only competitive advantage if they wish to live off of their work. while it may be shared, but possibly only behind a glass screen in a private gallery with metal detectors prohibiting cameras at the front, considering how futile anti-AI art filters may end up
Why do you doubt the most pure form of art? Art as a hobby. Art as a form of self-expression?
because people are unwilling to spend 5 to 10 years learning art as a hobby to express themselves when they can still earn some money from it as their passion now
Not really. It's still $5. This is a problem for two reasons. First is that no artist can make a living drawing art for $5 a pop, it's just not sustainable and the only way for you to regularly do this is to take advantage of people who are learning.
So you're not going to get anything very good, and in the process you're basically paying a human being with some minimum wage to do work for you.
we would let many more companies get away with not paying artists for every piece of art available in a board/card game
Well yeah, that's the point. Art becomes free, easily accessed, and more widely spread. a big company right now is going to say what, a few percent of their budget?
But small studios? Little groups? People without a large budget? All of a sudden they are able to create works that are competitive with these former large studios because they don't have to hire an artist anymore. An independent creator can now do more than they ever had, and that makes them more competitive with the big studios.
This isn't the room for the big companies because they don't have to pay the artist anymore. It's actually a massive loss, because the more the barrier to entry goes down the worse off they are.
And at the end of the day artists aren't entitled to my money.
we would let many more companies get away with not paying artists for every piece of art available in a board/card game
Without a question we would. I would absolutely love to take my current library of music and feed it to an AI and say make me more stuff I like and have a constant stream of brand new music instead of listening to the same 200 or 300 songs that I've downloaded over the years.
I'd like to chime in the point out that the vast majority of employed artists aren't making anything as creative as cover art for a hobbyist board game. If they're lucky, they're doing illustrations for Barbie Monopoly or working on some other uncreative cash grab. More likely, they're doing incredibly bland corporate graphic design. And if you ask me, the less of humanity's time we dedicate to bullshit like that, the better.
Professionals will spend more of their time concerned with higher order functions like composition and direction. More indies and small businesses will be empowered to create things without the added expense. And consumers will be able to afford more stuff with higher quality visuals.
the vast majority of employed artists aren’t making anything as creative as cover art for a hobbyist board game.
its not just the cover art for a hobbyist board game, it is art for every card in the game. for hobbyist card games, it can go to several hundred to thousand artworks each from an artist. for a game like Android Netrunner the art of each card works with the theme and mechanics of the game acting like a brief window into this futuristic society world you compete in. (also blatant shilling, this is a great game if anyone is into cyberpunk and card games, unlike anything Magic the Gathering can ever hope to achieve), there is also graphic design for games like Kanban EV (by Ian O’Toole) which is unlike anything ive seen. boardgame hobbyists can and do regularly buy these things with quality visuals
maybe im too emotionally invested into games but i think these art, and the art for things like beloved character design for computer games, decorative tarot cards, novel artwork which take you to another world even if just for a brief moment, is worth encouraging, putting up with Barbie Monopoly and paying for
the alternative i fear would be these people’s time being spent instead on working soulless jobs like labelling training data for genAI models, manual work which so far only humans are cheap enough for and figuring out how to squeeze more money out of consumers
I'd say that this kind of technology lowers the cost of production enough to see those kinds of quality visuals more widely. There's a lot of rote technical effort that goes into even a single CCG card. Having a generative AI that can take care of those parts frees the artist up to focus on the parts of the art that really stand out to you. That means more quality art, for cheaper, which means more games will feature it.
i dont know much about how an artist work to say they would welcome genAI for such efforts
but for boardgame costs, im doubtful because much of the price comes from the logistics of manufacturing, storing, shipping and markup compared to the art. games like Horseless Carriage (the design is intentional) and the above mentioned Kanban EV both great games in their own right (about $100 each), employ one artist for the project and cost more than the entire base set (252 cards) of un-randomized distributed model cardgame ($40 at release) featuring artwork from around a hundred artists (unlike many commonly known randomized CCG blind bags, for this one you know the exact cards you will get in all releases)
People who haven’t used this tech really have it backward. This enables indie artists to create stuff on their own without corporate oversight. This interview was an opportunity to explore that, but they decided to follow the corporate line of attacking this actually successful four person studio instead of asking about what makes them tick with any actual interest.
the thing is this indie group, have been creating boardgames since before genAI models for artwork were popular. their first game in 2016 (top 10 since its release as rated by hobbyists among over a thousand other games) and subsequent expansions on kickstarter did really well even with public domain artwork that dont even look like they fit into a cohesive set. the expansion fetching usually close to a million dollars on kickstarter each time even before retail release
what makes the game appealing in-spite of the public domain artwork have long been discussed. so to me and possibly the journalist it seems like a question why they felt the need to use genAI art now with so many successful releases without it in the past seems to come off like not wanting to pay for better than public domain artwork
Why does the use of AI to modify art require justification?
We seem to have this general culture of people who don’t make things coming after those who do. Every decision of design, methodology, or artistic preference treated as though the creator has an obligation to please every single person who posts their opinions on the internet.
The reality is that this simply isn’t true. Art that spends all its energy fretting about whether people will like it ends up being some bland bullshit produced by committee. Art that allows itself to be what it is doesn’t need opinions and suggestions to flourish.
If the author of that article were remotely interested in their process or what the actual practical implications of using AI on a project are, they could have had something worth reading.
Instead they went into the interview looking to push a position and badgering without listening rather than making even a passing attempt at something resembling journalism. Because ultimately they don’t care about AI, or art, or games; they care about rage clicks.
Understand that this is not an IP right that OpenAI is defining and promising enforcement of, but simply a contracted obligation. As it currently stands in the US, there is no property right in the outputs of a generative model (like a gpt or sd).
yes but it comes off as really hypocritical of companies putting that in their Terms because they know rival genAI models could train on their output data to undercut them the same way they trained freely off of human’s data to undercut humans. and somehow its only ok if theyre the one benefiting from it because they have a bigger team of lawyers
Note that ToS are not legally binding in any way, it just means they reserve the right to deny you use of their service for doing so. They probably cannot (and have not tried) to sue anyone for commercial training use of their models.
They can be binding in the sense that they can govern the licensing or potentially ownership of submitted assets. So like, for example, a ToS could have a bunch of clauses that carry no legal obligation for you, but could also include a clause that grants the company licensing to use your likeness or things submitted to the server or interaction with it. The same way any ToS can license the use of your metadata for sale to 3rd parties.
That doesn’t have any particular legally binding requirements of you, but it can serve as a shield in the event of a lawsuit if, say, Facebook uses your profile photo in some advertising materials.
It can also be useful if you’re running a small project like an independent game server. Even if there’s literally no money in it, it can be helpful to clarify who owns what in the event of something like a false DMCA. If a developer who once was doing work with you suddenly decides to take their ball and go home, some sort of agreement that outlines your ownership or usage rights surrounding code submitted to your mod can protect you when they turn around and send Steam a DMCA.
But yeah, nobody’s going to get sued for using a service in a way that the ToS prohibits unless it’s already illegal, like theft.
AI art of any reasonable quality still requires significant human input. I don’t just mean prompt engineering, I mean actually having an artist using more traditional techniques to make adjustments or provide a base for the AI work. The output of raw AI art on its own can be impressive at times, but it’s not consistent enough to maintain a style for any sizeable piece of work.
If you want to be able to create a bunch of assets that look like they were designed for the same project with AI, somebody still needs to do some art.
What AI does do, though, is give those artists the ability to exponentially increase their productivity independently, with no particular need for the sort of labor-hour organization that a corporation provides.
It should be telling that the corporate media spin on this is to attack it and to publicize voices that criticize it, but never those that express nuance. That’s because it terrifies every useless corporate lackey who understands its actual potential to empower independent artists of all kinds.
And as shit goes down because no one enforces corporate, the rest of us suffer the consequences.
When upper managemeny does stock selloffs before sabotaging the value of the company, it generates distrust in the whole market if they are not prosecuted. Traders stop buying and the economy goes into recession.
I mean I guess you could time it once like that, but if that’s your plan, you could have just sold it all a year before you planned on tanking the stock when you set up the schedule and make more money. Or just not tank the stock.
Not even an anonymous threat, which could have been implied by the initial reporting. Riccitiello used this opportunity to cancel a town hall event where he could be confronted with these controversial changes by overblowing the actual threat to his company and his employees. Wow, coming from this sleazebag I'm not surprised.
EDIT
So now, anytime a CEO or representative uses death threats and/or retaliation against employees as an excuse to interrupt company functions it could be considered entirely suspect. He's not the first to do it recently (fuck you u/Spez), but this doesn't help respond against actual credible threats to people from disgruntled users.
Soooooooo it wasn’t “the gamers” making the credible threats after all, even if I wouldn’t put it past the gaming community to make threats of this nature.
That’s an implausible take. Loyal employees wouldn’t go for such a ploy and disgruntled employees … well, conceivably would take such action on their on volition.
I’m not sure if anyone at Unity ever accused the gamers, we all just jumped to the conclusion because that’s exactly the kind of thing the scene would do.
I’m pretty sure back when I made games, it wasn’t Unity employees sending me unhinged tantrums because a number was changed from an 11 to a 12.
I think it is more than just people who plays games. It’s more people who play games and participate in community, which is a smaller percentage, though still probably quite big
…There’s probably an ecological definition for “community” that you could try to transfer over… I think in cases where a large group of individuals don’t actually interact with all of each other either directly or indirectly, but are nonetheless relevant as a grouping because they share a particularly contextually prominent set of traits (E.G. “Plays Video Games”), then “population” might be a more appropriate term (if a bit sterile).
A nice company has a great product and is well liked by its customers.
New executive manager comes in and thinks “how can I quickly get a huge bonus”? The answer always is implement new changes that will tuin the company in a year and a half, but that manager will have received his bonuses and is gone, leaving the company in ruins.
I can’t say 100% for sure that this is what happened, but whenever something like this happens, it’s just somebody deciding they want a quick buck
I dont understand how the board allows this behaviour, how do they not interween when an executive clearly is abusing the terms of the contract at the expense of the conpany
They’ve been collecting metrics for months and plugging them into spreadsheets to figure out exactly how profitable this will be, just waiting for the right moment to pull the trigger.
They knew it would be incredibly unpopular. They knew it would likely kill the company one day.
But the spreadsheet doesn’t care about any of that so neither do they. They sold off stocks then made the announcement.
When the changes go live, they’ll squeeze everything they can out of successful projects, who will be left in a position of “losing 50% to Unity is better than losing 100% from pulling the game”.
They’ll stuff their pockets with us much of that money as they can and when the spreadsheet tells them to, they’ll pull the plug and strip the company for parts.
It was the best thing for them and that was all that mattered.
Not to mention money can be made litteraly betting on the stock price swinging from the bad news. Calls and puts plan far enough in advance and automate/preset triggers via broker agreements and can even avoid getting nailed for the obvious insider trading a lot of the time.
They also made the announcement right after an iPhone announcement. Unfortunately, the iPhone was completely underwhelming, so the news didn’t get buried like they probably expected.
I can just see their PR team last night planning to spin Unity as a victim after the death threat, in an effort to stop the bleeding, only to find out it was one of their own employees.
polygon.com
Newest