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this post was submitted on 22 Oct 2024
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In my laic opinion no criteria for fair use is fulfilled here, so it would be really hard to argue that it would set some harsher precedent that exists, in real life proving someone wanted what looks like something else will be hard to prove as they would need either the exact prompt and then prove what the author meant by that point, IANAL but AFAIK proving what someone was thinking when entered the prompt will be pretty difficult or it will have to be something obvious like "make it a slightly different version of that iconic blade runner picture"
Here the court will have documents showing that they tried to get permission to use the picture when denied they used something that's essentially the same thing while also livestreaming themselves mentioning what they are ripping off, so it's a much different case to some random person generating a similar picture.
This to me is very close to the Kanye New Slaves case, feel free to listen to it then go on youtube and checkout "gyöngyhajú lány" while you will find that kanyes version is slightly different, he entirely ripped the song off, then tried get permission afterwards, which he didn't get and had to settle for undisclosed millions.