Interesting aspects, though I feel I need to get it down to a more technical perspective to point out the issues with AI art:
Human artists get influenced by many things in nature, life, media and so on. If they look at a Picasso, they get in touch with his work on ways where Picasso (or any other, to make it less abstract, living artist) does often not get by-passed in their rights.
For example a museum likely has the permission of artists (or their descendants) to show these pictures. Or the website you saw it on often also is allowed to share the image in that resolution under that specific license. Important here is that it is not a sure fact that your source is providing said images without consent of the right holder.
While we don’t know what a soul or consciousness is, we assume that the human artist brings in a personal perspective into it which makes the art emerge. In contrast to a person who plagiarizes specific paintings that do not look different to the source.
AI models may work different, depending on your stance of if there really is a soul. But what surely is different is the role of the AI creators.
AI these days are working by artificial neural networks. You probably saw images like these before:
The left circles represent the user’s input in some encoded form. The blue cycles take the input, do mathematical calculations based on them and the weight value of themselves to pass the data on. Usually there are many more columns and rows of blue nodes where one’s output is another’s input. Green is the produced image.
(if you cannot see it well, the connections are arrows pointing to the right)
The training process of an AI is to give it images and textual descriptions of said images, usually crawled from the same source and, due the amount of the data, without much manual verification. That way the AI learns which text results which image.
The result of said training are the weight values of the node.
So when you say AI got so good that you cannot always tell which artists it was influenced by, or that it even is AI art, you basically describe the benefit of having many blue nodes and very fine tuned weight values.
That’s it. That is the main difference to cheap AI models. Not more, not less.
Now, that might be not that much different to the human brain in principle. (Though not in fact, our brain has magnitudes of more neurons - in number, complexity, and connections)
What does make the difference here is that the AI was trained by people with purely commercially interest and without personal creativity on what the AI is used on to create.
To archive an cutting edge with their AI model, the creators need to feed it as much data as possible. Interests of the artist are so much in opposite to that that they are ignored. That is part of the reason not only the weights but also the training data is such a well kept secret for a company as many assume the data is basically an illegal collection of copyrighted material.
But given how important AI is to the economy (of a country) there is not much interest to protect the right-holders against that.
So tl;dr, the AI is just a machine that in practice was made from stolen goods and is commercially offered for use. There is no creativity or creation from thin air that is not based on these stolen goods.
On an abstract level, the set of weights represent the copyright infringements, like an illegal copy of a song is represented by the bits of the hardware medium it is stored on. So when you make an AI picture, these weights are inevitably producing your image! It is entirely unimportant if you make it create a Picasso or a Norman Rockwell variant of a cyberpunk dinosaur.
The counterexamples you list do not have this aspect, for example tomato seeds are distributed in the world willingly. For some goods that aspect may be questionable, like how silkworms were basically stolen from China. But just like history made that “okay”, AI generated art may be declared “okay” as well. It is just that HMF does not want to rely on that and we also decided to have a personal stance on the matter as well.
That the AI model users do not have any bad intent or did not pay for that (sometimes), that surely has an effect for them on a legal level. Ethical level aside for now. But this platform here is adding to the distribution to the images. The forum software does even mirror embedded images, so we even host AI art if we allowed that.
Regardless of how innocent you are, it can be problematic for us if stolen goods somehow, in some form, found it’s way in what we knowingly provide to the public.
That we simply don’t want that in respect of the artists comes on top of that.
That actually is an interesting argument, but not in the way you think!
I read an article that argues that AI art should be legal because it behaves like photographs of nature:
The photographer did not arrange the mountains, the trees or the rivers they take a picture from. They also did not place the sun in the sky for the lightning. They also did not ask for permission of these things to be photographed. They “just” aimed the camera and took the shot.
The timing, position and rotation of the camera is not that complex, you could store that information in a small amount of numbers. Digital cameras even do that automatically.
How can that be art?
How can AI images, that also were generated by something that was simple taken, based on it’s own set of numeric values (here the user input, not the weight values), be not art?
That was the gist of the article. However, I ended up not agreeing to it because I see a difference between photographed art and photographed nature. The latter just is, it has no artistic value before it is added by the photographer. But the first has that.
When a landscape photographer walks into a museum and does a photo of the landscape that is a well-centered Picasso, then that is not a landscape photo. And the photographer has not the right to sell that photo as their own creation.
That AI images are not a well copied original art is, I think, just a technical difference between AI and cameras. Not an aspect of art.
I think you can transfer that to photo-realistic art as well.
That is a perfect example that the technology itself is not bad or good. Already today machine learning provided indispensable results in protein-folding which is used in making medicine. I am almost certain that AI will save billions of life in that sector.
Another example that is already tested successfully is the control of plasma in fusion reactors.
The difference to AI art here however is the training data is entirely different. Protein structures or sensor/actor data are not copyrighted goods.