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Kelly McKernan | |
|---|---|
 Kelly McKernan in their studio, 2023 | |
| Born | 1986 |
| Education | Kennesaw State University |
| Website | |
| www | |
Kelly McKernan (born 1986) is an American artist based in Nashville, Tennessee. [1] [2] [3]
McKernan joined DeviantArt as a high school student in 2002. [4] In 2009, they earned a Bachelor of Fine Arts from Kennesaw State University. [5]
McKernan teaches at the Nossi College of Art & Design in Nashville. [5]
On January 13, 2023, McKernan, Sarah Andersen, and Karla Ortiz filed a copyright infringement lawsuit against Stability AI, Midjourney, and DeviantArt, claiming that the generative artificial intelligence tools used by the companies have infringed the rights of millions of artists by training on five billion images scraped from the web, without the consent of the original artists. [3] [6] [4] [7] [8] On July 19, Judge William Orrick III stated he would dismiss most of the case, requesting they elaborate on issues and "provide more facts". [9]
In 2023, Time Magazine named McKernan to its list of Most Influential People in AI. [10]
McKernan is nonbinary, [10] and goes by they/them pronouns. [1] [3] They are a single mother. [4]
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. The U.S. "fair use doctrine" is generally broader than the "fair dealing" rights known in most countries that inherited English Common Law. The fair use right is a general exception that applies to all different kinds of uses with all types of works. In the U.S., fair use right/exception is based on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work.
Napster was a peer-to-peer (P2P) file sharing application primarily associated with digital audio file distribution. Founded by Shawn Fanning and Sean Parker, the platform originally launched on June 1, 1999. Audio shared on the service was typically encoded in the MP3 format. As the software became popular, the company encountered legal difficulties over copyright infringement. Napster ceased operations in 2001 after losing multiple lawsuits and filed for bankruptcy in June 2002.
Getty Images Holdings, Inc. is a visual media company and supplier of stock images, editorial photography, video, and music for business and consumers, with a library of over 477 million assets. It targets three markets—creative professionals, the media, and corporate.
Turnitin is an Internet-based similarity detection service run by the American company Turnitin, LLC, a subsidiary of Advance Publications.
A video game clone is either a video game or a video game console very similar to, or heavily inspired by, a previous popular game or console. Clones are typically made to take financial advantage of the popularity of the cloned game or system, but clones may also result from earnest attempts to create homages or expand on game mechanics from the original game. An additional motivation unique to the medium of games as software with limited compatibility, is the desire to port a simulacrum of a game to platforms that the original is unavailable for or unsatisfactorily implemented on.
National Comics Publications v. Fawcett Publications, 191 F.2d 594. was a decision by the United States Court of Appeals for the Second Circuit in a twelve-year legal battle between National Comics and the Fawcett Comics division of Fawcett Publications, concerning Fawcett's Captain Marvel character being an infringement on the copyright of National's Superman comic book character. The litigation is notable as one of the longest-running legal battles in comic book publication history.
Arts and media industry trade groups, such as the International Federation of the Phonographic Industry (IFPI) and Motion Picture Association of America (MPAA), strongly oppose and attempt to prevent copyright infringement through file sharing. The organizations particularly target the distribution of files via the Internet using peer-to-peer software. Efforts by trade groups to curb such infringement have been unsuccessful with chronic, widespread and rampant infringement continuing largely unabated.
DeviantArt, historically stylized as deviantART, is an American online art community that features artwork, videography, and photography, launched on August 7, 2000, by Angelo Sotira, Scott Jarkoff, and Matthew Stephens among others.
Grooveshark was a web-based music streaming service owned and operated by Escape Media Group in the United States. Users could upload digital audio files, which could then be streamed and organized in playlists. The Grooveshark website had a search engine, music streaming features, and a music recommendation system.
Sarah Andersen is an American cartoonist and illustrator, and the author of the webcomic Sarah's Scribbles.
A copyright troll is a party that enforces copyrights it owns for purposes of making money through strategic litigation, in a manner considered unduly aggressive or opportunistic, sometimes without producing or licensing the works it owns for paid distribution. Critics object to the activity because they believe it does not encourage the production of creative works, but instead makes money through the inequities and unintended consequences of high statutory damages provisions in copyright laws intended to encourage creation of such works.
William Horsley Orrick III is an American lawyer who serves as a senior United States district judge of the United States District Court for the Northern District of California. He had a long career as a lawyer in private practice in San Francisco, and served as a Deputy Assistant Attorney General in the Civil Division of the United States Department of Justice during the Obama administration.
Matthew Coffin Butterick is an American typographer, lawyer, writer, and computer programmer. He received the 2012 Golden Pen Award from the Legal Writing Institute for his book Typography for Lawyers, which started as a website in 2008 based on his experience as a practicing attorney. He has worked for The Font Bureau and founded his own website design company, Atomic Vision. Expanding Typography for Lawyers, Butterick published Practical Typography as a "web-based book" in July 2013.
YouTube copyright issues relate to how the Google-owned site implements its protection methods. The systems are designed to protect the exclusivity of a given creator and owner and the rights to reproduce their work. YouTube uses automated measures such as copyright strikes, Content ID and Copyright Verification Program. These methods have been criticized for favoring companies and their use of copyright claims to limit usage of uploaded content.
Artificial intelligence art is visual artwork created through the use of an artificial intelligence (AI) program.
Midjourney is a generative artificial intelligence program and service created and hosted by the San Francisco–based independent research lab Midjourney, Inc. Midjourney generates images from natural language descriptions, called prompts, similar to OpenAI's DALL-E and Stability AI's Stable Diffusion. It is one of the technologies of the AI boom.
Stable Diffusion is a deep learning, text-to-image model released in 2022 based on diffusion techniques. The generative artificial intelligence technology is the premier product of Stability AI and is considered to be a part of the ongoing artificial intelligence boom.
Théâtre D'opéra Spatial is an image created by Jason Michael Allen with the generative artificial intelligence platform Midjourney. The image won the 2022 Colorado State Fair's annual fine art competition in the photomanipulation category on September 5, becoming one of the first AI-generated images to win such a prize.
In the 2020s, the rapid advancement of deep learning-based generative artificial intelligence models are raising questions about whether copyright infringement occurs when the generative AI is trained or used. This includes text-to-image models such as Stable Diffusion and large language models such as ChatGPT. As of 2023, there are several pending U.S. lawsuits challenging the use of copyrighted data to train AI models, with defendants arguing that this falls under fair use.
Suno AI, or simply Suno, is a generative artificial intelligence music creation program designed to generate realistic songs that combine vocals and instrumentation, or are purely instrumental. Suno has been widely available since December 20, 2023, after the launch of a web application and a partnership with Microsoft, which included Suno as a plugin in Microsoft Copilot.
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