BogDog ventures into the bottomless swamp of AI generated pics and video

[MadMax359]

excellent work!

[Viridian]

A little mud sink experiment with a very popular character on DevianteArt. "Mikala" the native girl is very popular there and I see her appear in works made by many artists.

Do you have permission to use the character and/or the original art that you are animating?

Mikala is not "some popular" native girl on DeviantArt. Mikala is an OC belonging to yuppi12 (https://www.deviantart.com/yuppi12/art/ ... 1231885036), who pays commissions from other artists. This particular artwork is from Qajarito (https://www.deviantart.com/yuppi12/art/ ... 1287432942). Neither are credited.

I have a suspicion that this circle of artists are anti-AI and would not appreciate their work and character being used in this way.

[BogDog]

Thank you for that info. I sent a request to yuppi12.

[BogDog]

Okay. he liked it but doesn't want any AI video associated with her so it is removed. Again thanks for letting me know who owned it.

[Viridian]

Okay. he liked it but doesn't want any AI video associated with her so it is removed. Again thanks for letting me know who owned it.

I initially wrote a longer, more accusatory reply before you followed up. Honestly, I was quite angry when I saw it. Art theft is serious. I've had my work stolen, I've seen other people's work stolen. I hope this was a genuine mistake on your part.

What surprised me was that you didn't know who owned the work.

I didn't know who the OC or the creator was. I searched it up on DA using the name you gave. It took a minute to find the source image and the details in the description.

The biggest strike was that you made no effort to credit the source, either the OC's creator or the artist, and therefore you passed the work off as your own.

That is the definition of art theft.

I presume that you got in contact with yuppi12, but not with the artist, Qajarito. Unless Qajarito has given all rights to yuppi12, you would not be permitted to use that specific image in your work. I felt more angry that you edited Qajarito's work than using Mikala. If there was some effort made to create an original source or asset based on Mikala, at least it's something you generated, but you took Qajarito's beautifully drawn piece, brushed over half of it with a brown brush tool, and then ran it through Sora. Because you did not credit the source, it can easily be mistaken that you generated the cartoon assets with AI and animated them, which was clearly not the case.

As such, you should also delete the images as well. You are reposting someone else's work without their permission, and altered without their permission, with no credit given.

I've been adamant that the baseline should always be ask first. Given that AI is inherently seen as art theft because the models we use are trained on artists' work without their knowledge or consent, we should assume that all artists do not consent to their work being used for AI unless explicitly given. We can't just take someone's work and run with it until someone finds out. Especially when we are stealing from our own community. This particular creator was amicable about it, but others are going to be more hardline.

I've had people ask me to create animations using other people's OCs, and I've been firm about having explicit permission. Creators can be extremely bitter about it, even when I've clearly stated that I had no intention of using their OCs. That's why I've expressed in the past that I'm surprised this forum does not ban the use of others' original work for AI creations. This is the second case I've reported in two weeks. We shouldn't need to play this game where someone has to challenge whether someone has the permission to use original work. Either we clearly communicate that we have permission, or we don't use it.

There's no legal recourse, as no one is in a position to sue anyone else. When this happens in the art community, it turns to public call-outs and exposés, as the art community has to police itself.

I'm relieved that you are giving the due respect to the real artists.

I have nothing else to add specifically to this matter and I consider it resolved. I do hope that it sets a good example of ethical practice.

[BogDog]

I thought I did remove the AL generated images as well. Gone now.

but you took Qajarito's beautifully drawn piece, brushed over half of it with a brown brush tool, and then ran it through Sora.

Just for the sake of accuracy I used photoshop to replicate portions of the mud's surface from other parts of the image over a few objects in the mud I wanted to remove then blended and touched up with photoshop. Can take up to an hour or two to do well with some imagery. this one was 45 min. to an hour. This method works much better for prepping prompt images than just slapping a solid color down.


I also looked up the Mikala name and as mentioned came up with several works of this character done by various artists. I thought then that she was public domain but apparently not so. Corrected now.



I DID ask yuppi12 for the permission, but only because he paid for the commission so I assumed he has sharing permission rights too. Not sure how that works but I imagine it varies with the artist doing the work and collecting the payment. Lemme look it up...

(Later) OK. There is no set standard. It is up to the artist and the agreement made with the buyer. Makes sense. If no agreement then assume the artist has the right.

Paying for a commissioned artwork doesn't automatically grant you copyright;
the artist retains it by default unless a written agreement explicitly transfers these rights, meaning you own the physical piece, but the artist controls reproduction and distribution unless you negotiate usage rights in your contract. A commission agreement should clearly state who owns the copyright and what usage rights the commissioner receives, like printing copies or using it commercially

Call me better educated now.



I DO have some original characters I experiment with now and then. They just have not made it into any movies yet. No inspirations at the moment. For example, this is Clarita.

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