IANAL but artistic style is not copyrightable. Many many human artists have created images and animated films in the style of Ghibli or Disney or Pixar and there's no direct copyright issue there.
A friend of mine tried to create stock illustrations in Disney style on Etsy, got banned almost immediately for copyright infringement. I guess it depends.
Etsy as a private platform banning it doesn't necessarily mean it was actually legally infringing. Like all the content hosting platforms, they would err super cautiously to avoid any possibility of anything even remotely resembling any legal case, even if they would virtually certainly be in the clear.
Maaybe, but you'd also have to pass the three-prong test of fair use, and one of the prongs of the test is that your fair use of the material can't eliminate the market for the original material.
I fail to see how taking a distinctive artistic style that was incredibly difficult to produce and shitting out massive amounts of it everywhere as a super low quality commodity would pass the test of fair use.
>Maaybe, but you'd also have to pass the three-prong test of fair use, and one of the prongs of the test is that your fair use of the material can't eliminate the market for the original material.
"artistic style" is outright not copyrightable. Fair use doesn't play into it, any more than fair use doesn't play into whether a photo taken by a monkey can be redistributed[1].
It isn't the distribution here that's the usage, it's training the model. If I take a copyrighted work and train a model with it and there's no longer any demand for the original, training the model was not a fair use
> Tom Waits won a case where a commercial imitated his style.
Not under US copyright law, AFAICT. He's won cases where he sued over things like false endorsement - i.e. claiming that listeners would believe it was actually him, not just that the style was similar.
(Apparently he did win a similar case in Spain under their copyright law, but from skimming articles it sounds like the issue there also was impersonation, not just stylistic similarity.)
