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"Creating a derivative work of a copyrighted image requires permission from the copyright holder"

That's why "fair use" is the key concept here. Under US copyright law "fair use" does not require a license. The argument is that AI generated imagery qualifies as "fair use" - that's what's about to be tested in the courts.

https://arstechnica.com/tech-policy/2023/04/stable-diffusion... is the best explanation I've seen of the legal situation as it stands.



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