Please feel free to corect me or share more information on selling AI Generated Art in the comments. I am not a lawyer and whatever I am saying in this video might not be accurate.

If only Etsy wasn't deliberately hiding some seller's listings that Etsy is wrongfully charging listing fees to SHOW. I wouldn't be surprised if Etsy got hit with a multi-billion dollar class action lawsuit someday for it.

Calling yourself an artist because you wrote a prompt is like calling yourself a chef because you ordered at Mcdonalds...

Thanks, Patryk for staying so current! The prompts you've created are awesome: I'v altered them and gotten some great results. As far as copyright, I've seen several videos on this. The Copyright Office first said AI Art can't be copyrighted because it's not made by a human. Simultaneously with that, one woman gained a copyright to her product from the Office, but the exact details weren't given. She had to provide quite a bit of documentation. I also saw a very detailed video where the presenter was saying some of the text can be copyrighted, but not the AI art at this time. In the next few years, I'm sure there will be many landmark cases going back and forth on this topic. What I'm doing is making sure I save the different generations of images I create, so I can document that my AI-Art was created by combing and revising, say 100:1 to obtain one image I publish. In the end, maybe the BOTs with be given the Trademarks and Copyrights and retire in luxury. I will see if I can go back into my KZfaq history and document the info I sketched here. I know Getty Images have taken down or are taking down all AI-generated art, but this too could change. Others comments here are very useful also. Enjoy the Ride!

Your videos are great, straight to the point!

Greats videos, hard to keep up, I'm late to see this one. loved your video about optimization though! improving the workflow to crank out images..

You didn't get it right. Midjourney doesn't own the copyright of the generated images. They only own the rights of their image model. all generated ai images are basically the equivalent of public domain images. Meaning, anyone can use them how they want. The US copyright firm determined that you can only copyright content that was created by a human. I have to add that US copyright office decision sort of voids Midjourney's license.

Simple rules of marketplaces: if it makes money and it's not a crime, go ahead and do it. Any policy that is not enforced by government law is merely a "I'm a good person" sentiment.

Thanks for the info

Nice work. Cheers from NZ ✌️

How did Midjourney win the case about the album art cover? Do they get copyright because they're a company? Also, in the agreement it says that we grant Midjourney copyright. We do? How? Can't they just claim copyright?

Hi! Thank you! What can I choose of this? Who made it? I did A member of my shop Another company or person

An idea for another video: "Current conditions of trying to sell AI generated art. How much is it worth it to start?" Because I am interested in this space in terms of trying to make a semi-passive income. But I am also very much a skeptic. I found your realistic numbers in 30 days video helpful, but I'm also wondering how that is still going and if it feels like positive growth, negative growth, or flat growth. My fear is that really if this is so easy then it means that the market will become hyper saturated with those trying to make a buck and it is much harder to be in the group that is actually making sales. But to whatever degree that isn't the case, then there must be a more realistic element of the work that goes into it that either a) hasn't been fully explored/explained or b) that balance has yet to take effect, but is coming. I could be totally wrong in this, I just don't want to end up starting something and have the rug pulled not long after or, worse yet, realize there was no rug at all.

I always go to KZfaq for my legal advice. :)

@Patryk Marketer. Thank you,when you take a subscription from Midjourney it says you hve general comercial rights. But you mentioned there is an option to pay 0 dollar extra to getthe commercial rights. I didn't see that option after taking the standard subscription. Does it mean you do NOT have commercial rights even if you buy a subscription plan unless you add that 10 dollar plan for commercial use?

Super helpful!

Also from what I've read or heard is that the AI art generator can also sometimes create a art piece that is very similar to the source images it pulled from to make your art and that source image could be owned by another individual and they can claim copyright infringement if they wanted to and thought it was too similar. And now and again you can even see this is possible because you'll sometimes generate images that have watermarks like IStock and whatnot. At least I have seen it with the AIs I use. But from my understanding, there is like a %1 chance this will happen. And there are things you can use to do a reverse image search to see if your art looks anything like any that already exist, like Google image search or Tineye. Just thought I'd share this just in case others want to take more precautions as well

Great video, truly underrated channel 👏

AI generated art does not have any copyright. If we create any document by writing on MS Office, it will have the copyright of Microsoft? Same logic applies in respect of AI Art.

what about portraits or images that contain life like ai generated people

i must be missing something... there is a comment below "The US courts have declared there is no copyright infringement with AI art." so therefore why would Midjourney require license purchase? if it's really just to use their service, i can get behind that no problem but midjourney should just call it that - a pay for use platform. requiring a license to use implies ownership which, apparently, the US courts have ruled against infringement. and if i stop subscribing to Midjourney what then with the AI art that i have in play making money? does that need to be taken down? anyone feel free to clarify for me. this is all so gray.

if you don't mind me asking how much do you net per month with etsy? just curious how profitable it can be

so...correct me if I am wrong...from a commercial stand point...it would be smarter to sell ai generated art on a printed poster rather than a digital product ? because once somebody buys my hypotethical midjourney art they could resell them...basically I own the rights to commercialize it...but anybody who downloaded it from me could own the same right with my image...am I right ?

Hey, Patryk... one question I haven't got an answer to... if AI art cannot be copyrighted, why is it that Midjourney for example give a payment plan that allows commercial use? if they or others cannot copyright the generated images, why do we need a commercial license from them to sell out own prompt generated images? thanks mate

Just ask ChatGPT: Selling AI-generated art on Etsy is not illegal, as long as the seller has the necessary rights and permissions to use the underlying content and data used to create the art. However, it's important to note that copyright laws may apply to the artwork generated by AI, and the seller should ensure that they are not infringing on any existing copyrights or intellectual property rights. Additionally, some platforms like Etsy may have specific policies around the sale of AI-generated art, so it's important for sellers to review and comply with these policies. It's always a good idea to consult with a legal professional to ensure that any sale of AI-generated art is in compliance with all relevant laws and regulations.

I look at AI as an advanced 3d modeling tool and NOTHING more. Blender, zbrush, 3d studio with advanced python scripts on crack. Instead of dragging polygons out it does it very quickly. Saying you can't use it is like saying you can't use subdivision surface, you must manually make a million polygons yourself. Like where do we draw the line here It sickens me that they don't even "really know how" to tackle this issue... But if you were to tell me I make a 3d model from a reference image BUT WAIT THE COMPUTER DID ALL THE WORK YOU GAVE IT A SCRIPT AND THATS ALL YOU DID THATS NOT YOUR CREATION to me it literally sounds like... Crazy.

I would stay away from direct replications or heavy art influence

what kind of ring light you using?

I saw in another video a guy who got banned from Etsy because his art was not "hand made". Do you know how to work around this issue? Everything on Etsy is on default "hand made". Thanks

Thanks for this video, People should be aware of certain things.

Well my Etsy account just got suspended, and they won't tell me why. I was selling digital backdrops.

Let me get this straight? All AI art created with MJ can't be copyrighted by myself but I could sell it as long as I have a commercial MJ subscription? I'm planning on generating synthgraphy and selling prints on my website.

It can be copyrighted - you don't need to modify it so much it changes. In fact, you can get copyright for minor changes. People have successfully gained copyright by minor changes of other's works or simple framing or filters. Andy Warhol and other examples.

Painting is autographic. Digital art is not saleable as a print. Reason being the work can be magnified and marketed as resale abstracts in parts disrupting the UI. United inch you advertise at is important as the law requires tax on the sale of goods. It becomes untaxable matter without an UI and well if everyone is doing it just imagine. We need government we need taxes or we have bigger problems than if our Etsy painting matches our wall in our living room. Democracy is paid for by taxes. So I guess just cause you don’t get caught selling someone else’s content as your own doesn’t mean it’s legal. And living with the consequences could devastate democracy.

Mucho trabajo, poco dinero!

Thank you Patryk for sharing this valuable information so far. Love from India 🤩🤩😊

Awesome explanation 👍👍

Per Chatgbt: What changes are needed before AI generated art can be copyrighted Currently, there is no specific legal framework that addresses the copyrightability of AI-generated art, and the legal status of such works is unclear in many jurisdictions. One possible solution could be to consider AI-generated art as a collaboration between the human creator and the AI system. In such cases, copyright protection may be granted to the human creator of the AI system and its software. Another option could be to create a new legal framework that recognizes AI systems as independent creators of art and allows them to hold copyright protection. However, this would require significant changes to existing copyright laws, as well as a broader discussion about the ethical and social implications of granting legal rights to non-human entities. Ultimately, any changes to copyright laws would need to take into account the unique characteristics of AI-generated art and balance the interests of human creators, AI systems, and society as a whole. Alltru4u Does this mean AI art tecnichally has no legal rights Currently, in most jurisdictions, AI-generated art has no legal rights as it is not recognized as an independent creator under existing copyright laws. However, the legal status of AI-generated art is a complex and evolving area, and some experts are advocating for changes to copyright laws to recognize the unique creative contributions of AI systems. Until such changes are made, ownership and rights to AI-generated art may be determined by agreements between the human creators of the AI system and the individuals or entities that commission or purchase the art. It is also possible that existing copyright laws may be interpreted to apply to AI-generated art in certain situations, such as when a human creator plays a significant role in the creation or direction of the art. Alltru4u Are we saying that intrinsically AI generated art has no default owner Yes, that is correct. As of now, AI-generated art is not recognized as having a default owner or holder of the copyright. This is because existing copyright laws were written with human creators in mind and do not explicitly address works created by AI systems. Ownership of AI-generated art may be determined by various factors, such as the involvement of human creators in the art-making process, the ownership of the AI system and its software, and the agreements between the parties involved in creating, commissioning, or purchasing the art. In the absence of a clear legal framework, ownership of AI-generated art may be subject to dispute and uncertainty, and it will be important for all parties involved to establish clear agreements and contracts. Alltru4u So are all AI generated art able to be claimed and used for any purpose by any and everyone. Does it belong to the public domain at large No, just because AI-generated art does not have a default owner or holder of the copyright does not mean that it automatically belongs to the public domain. The public domain consists of works that are not protected by copyright, either because their copyright has expired, they were created by the government, or they were intentionally placed in the public domain by the creator. AI-generated art may still be subject to copyright protection if it meets the legal criteria for originality, creativity, and fixed expression. If the art is protected by copyright, it cannot be used without permission from the copyright holder, unless the use falls under certain limited exceptions such as fair use or the use of a work in the public interest. As mentioned earlier, the ownership of AI-generated art may be determined by various factors, and it will be important to establish clear agreements and contracts to avoid disputes and ensure that the rights of all parties involved are respected. Alltru4u When AI platforms advise the generated art can be used for commercial purposes by those who have paid subscription plans, is this considered misleading The answer to this question would depend on the specific terms and conditions of the AI platform and the subscription plans offered by the platform. Generally, if the AI platform is offering AI-generated art for commercial use through subscription plans, it would be expected that the platform has the necessary rights and permissions to do so. However, if the platform's terms and conditions are unclear or misleading regarding the ownership and rights to the AI-generated art, or if the platform is making false or fraudulent claims about the ownership or legal status of the art, this could be considered misleading or deceptive. It is important for individuals and businesses to carefully review the terms and conditions of any AI platform they use and ensure that they have the necessary rights and permissions to use any AI-generated art for commercial purposes. It may also be a good idea to seek legal advice in cases of uncertainty or when dealing with complex legal issues related to AI-generated art. Alltru4u How do we know if AI generated art uses multiple sources or a single source for its final results and does this change the copyright issue especially if art generated is a collage of sorts Determining whether AI-generated art uses multiple sources or a single source can be challenging, as it will depend on the specific algorithms and processes used by the AI system. However, in general, it is possible for AI systems to be trained on multiple sources of data and to generate new works that incorporate elements from those sources. When it comes to copyright issues, the use of multiple sources in AI-generated art could complicate matters, especially if the sources are protected by copyright. In the case of a collage of sorts, if the individual elements that make up the collage are protected by copyright, then the use of those elements in the collage may require permission from the copyright holders. However, it is possible that the use of multiple sources in AI-generated art could also give rise to new forms of creative expression that do not rely solely on any one source. In such cases, the AI-generated art could be considered transformative and may be protected by the fair use doctrine in copyright law. Ultimately, the copyright issues surrounding AI-generated art will depend on the specific circumstances and the legal framework in the relevant jurisdiction. It is important for creators, users, and stakeholders to carefully consider these issues and seek legal advice where necessary to ensure that their rights and obligations are properly understood and respected.

great video. what about selling art generated by using midjourney prompts with "inspired by....(sprinkled with your own twist) ." and its an artist thats in the public domain, been dead over 100 years. I believe thats ok to do?

The US courts have declared there is no copyright infringement with AI art.

Ah you know that's not true. Not as of April 18, 2023.

"You cannot sell that at all" yet thousands of users on Etsy have sold multiple items with Disney characters, Marvel, etc. And little old me got banned from Etsy for forgetting to put that Printify helped me make 1 item I had up for 2 days 😒. Yes I'm salty. I really wanted to start selling AI art 😓

Etsy has started suspending accounts that sell print on demand with AI generated images. My friend was one of them devastated now lost shop after many years 5 star, listening to all the smart advice how to make $$$easy on etsy KZfaq videos for AI and print on demand no work. Reason being etsy's handmade item policy. Most are just lucky that the bot didn't get them yet. I think etsy is trying to reduce the flooding of print on demand and ai items on etsy. But do as You think. If You get suspended you can never have an etsy shop again. And before You say hers was NOT any copyrighted material or theme

Now do Amazon KDP

As a photographer, I was surprised at what people were selling on Etsy. Some of it is just obviously copyrighted, but people don't seem to care. For example, if Rihanna doesn't agree, you can't sell a homemade AI image of her, same with Star Wars images, etc. Even if you make money with an AI image of the Eiffel Tower at night, you can only hope that the city of Paris doesn't find out about it, because they have the image rights and can claim damages. Try to prove that the AI has not used a picture from the Internet of the tower at night.

does anyone else thinks he looks like Paul Dano?

Midjourney doesn't own the rights to crap. It's not copyrightable if it's just a prompt. No one owns it unless it's been composited by hand, like you said before.

You don't need to do clickbait.

You can generate in midjourney and just make some minor changes in photoshop, so it’s your art. And midjourney has 0 chance to sue you. So you can sell without problem. I mean free trial. But now it’s closed.

Fantastic break down, many thanks. The lack of ability to copyright AI art is an interesting one, but probably not a deal breaker for selling on Etsy. It does however mean that sellers do not have the right to place any conditions for use on their products. I suppose the follow on from this is that anyone could take your product download and simply resell it directly as they please. You would have no recourse to have that listing taken down. If so, then this business nodel is not really creating any lasting value, though it may still provide an income as long as you can keep your listing on top of searches. Perhaps it is worth looking into how one CAN alter the AI images enough to allow copyright.

one of my most popular items on my etsy is a "godzilla" style png. so i wonder if i should take godzilla out as a key word. but i feel doing so would bring its sales down... womp womp. also it was generated with midjourney. maybe ill take the safe road and stick to my floral prints and random characters like panda and badger

How would Etsy even know, how would anyone know?

Who's to say if the content on Etsy is AI-generated or not? If we transform it a little, it's already ours.

😂😂😂😂😂 one million dollars of Ai art sales.

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