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In games?
You can read a bit into this...
https://steamcommunity.com/discussions/forum/10/3801649759596366682/
How they're gonna know is questionable, I assume either someone reporting it, and them checking it out, or using some kind of AI to search the web for said content that my guess on this.
If you gone out of your way to steal content, and try to regenerate it, they're gonna ask how you done it, and moment you show stolen content, well you already lose, or if choose not to display work, again you already lose. If you claim you just generate it, you wouldn't even know how, let alone back anything because you just stole content.
So again they ask how you did it, you need that actual information.
I'm pleading the 5th on certain assets("I've created") that I have which might or might not been given a pass thru Open Art AI to enhance them as well.
If the image is indistinguishable from any source material & you can't directly point to anything thus showing it's been enhanced my AI directly vs some other method like filtering then is stream going add a rule that states all AI assets have to be identified as such & required training models shown, how would that even work?
The old rule was you can't copy paste & transform another image into your work passing it off as your work, but fair use does take transformation into account, if the image is in no way the same as the original artwork & just used a template of sorts or texture overlay then any court would agree that artwork isn't the same anymore, example if I took any image ran it thru a filter that removed everything but the boarder outline turning it all black & white then you filled in the outline with your own work is that outline still concerned copyrighted?
Outlines like a star for example, nobody owns that shape so taking an outline of an existing image to use can't in my opinion be consider art theft, certain shapes are pretty hard to draw.
It would not be unheard of that a person would just grab a image online because they like the color patterning distribution & then apply that texture onto their asset after applying a noise filter & adjusting it to their liking, so now does example "a image of sword built by hand being textured with a red shimmer from a car" counts as HEY YOU STOLE THE PICTURE OF MY CAR, um no it's a sword not a car sure I copied some of the color patterning of the object but not the actual artwork.
This is such a grey area that needs to be addressed & I'd like heard other peoples options.
Example call of duty, there was a skin that was stolen from someone online, dev most likely got fired, but it was proof the original content creator has source, and proof to their work.