Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?
For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave me to generate the AI picture and publish it to the user. Is this legal or it’s derivative work?
A:
Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be considered derivative work if it closely resembles the copyrighted image or incorporates significant elements of it.
Copyright law protects the original expression of ideas, including photographs, and creating a derivative work without permission from the copyright holder could infringe on their rights.
To avoid potential legal problems, consider the following steps:
1. Seek Permission: The safest approach is to obtain permission from the copyright holder (in this case, Airbnb or the listing owner) to use their images or descriptions for this purpose.
2. Transformative Use: If you believe your use falls under the "fair use" doctrine, which allows for limited use of copyrighted material under specific circumstances, consult with an attorney to assess whether your app qualifies as transformative and whether it meets the fair use criteria.
3. Originality: Ensure that the generated AI images are sufficiently original and distinct from the source material to reduce the risk of copyright infringement.
It's essential to consult with an attorney experienced in copyright and intellectual property law to assess the specific details of your app and help you navigate any potential legal issues to ensure compliance with copyright laws.
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