Seems good on the face of it. Pretty much what I was suggesting here in the struggle sessions that kept popping up for this topic.
Tweet contents:
AI COPYRIGHT PROTECTION FOR JAPANESE ARTISTS: Japan's Agency for Cultural Affairs and the Cabinet Office released a statement, "About the Relationship between AI and Copyright" showing they are moving toward rules and regulations against commercial AI use with CRIMINAL PENALTIES, and protecting existing copyright and intellectual property rights for the works of artists and creators.
- Japan's AI Stance In Two Phases: The statement says the life cycle of AI use will be broken down into two stages:
---Phase 1: the "AI development/learning stage": The Japanese government agency states that the use of copyrighted materials for purposes other than enjoyment, such as research and education, is "principally possible to use without copyright permission". However, this does not apply to cases that exceed the "recognized necessary limit" or "unfairly harm the interests of the copyright holder".
IN OTHER WORDS, The AI can be used for Learning & Research, But NOT for INFRINGEMENT. Therefore, copyrighted works can be used for non-commercial purposes such as education and research without requiring copyright permission. However, this freedom has its limits, especially when commercial interests threaten the rights of the copyright holder.
---Phase 2: the "AI generation/use stage": This means that if AI-generated images or other outputs are uploaded, published, or sold as reproductions, and these actions are not covered by exceptions in copyright law (such as private viewing or acts), they could be considered copyright infringements. If these AI-generated works are found to be significantly similar or dependent on existing copyrighted works, the copyright holder has the right to take LEGAL ACTION. This could involve claiming damages or seeking an injunction to stop further infringement. In some cases, these infringements could even lead to CRIMINAL PENALTIES.
IN OTHER WORDS, it's not that any commercial use of copyrighted materials in the "AI generation/use stage" will be penalized, but rather that copyright infringement in this stage is treated the same as regular copyright infringement, with potential PENALTIES if the AI-generated works are too similar to the copyrighted works.
Strict Penalties for Copyright Infringement:If AI-generated works are almost identical (derivative) or CLEARLY dependent on existing copyrighted works to produce a 'new' work, the copyright holder has the right to claim damages or an injunction for copyright infringement. This could potentially lead to CRIMINAL penalties, a clear warning to those who might exploit AI for copyright infringement.
Japan's Future Plans for AI Regulation: Japan's Agency for Cultural Affairs plans to raise awareness about these issues through seminars and other means. They will work with legal experts and scholars to address the challenges related to the development and use of AI, indicating a proactive approach towards regulating commercial AI and PROTECTING copyrighted works for japanese artists and creators.
IS THIS A GAME-CHANGER FOR JAPANESE ARTISTS?: The document does suggest that Japan now has a commitment to PROTECT and SHIELD copyrighted creative work, data, and materials against commercial uses of AI. This could have far-reaching implications for AI developers and users who want to commercialize STOLEN ART and creative works FOR PROFIT, as well as copyright holders in Japan. In my opinion, THIS move marks a potential turning point in the fight against copyright infringement by AI.
Although, I am not in japan, I have researched this Agency for Cultural Affairs in Japan, and it is a special body set up within the Ministry of Education, Culture, Sports, Science and Technology (MEXT). It oversees cultural, artistic, and heritage activities in Japan, including the administration of cultural properties protection and copyright systems. So this is big for Japanese artists and creators. I started my artistic journey because I was INSPIRED by Japanese art and creation... so I hope this all moves in the direction to protect japanese artists and creators as this document is suggesting.
Eh, I kind of understand what they're about (I haven't read the entire post, that is way too many words for my way too distracted mind right now) because things like anime and manga (there's probably way more being protected here and I may be thinking small) are major cultural exports for Japan (also financial). If a studio wanted to put in the effort to skip over the hard work (and unfortunately low salaries) to 'steal' the effort of another studio to start publishing their own stuff, this could probably have a terrible effect on the industry. Why should a studio viciously mistreat their employees into making a halfway decent anime when they can simply hire less people to simply 'doctor' existing anime into a new anime? Even as artists, they could simply correct flaws in the AI made animation and that would lead to far less work than drawing everything up from scratch; chances are some of the worst issues would be the hands (the most famous one), some linework and....probably not much else, especially as AI continues to improve over the years.
Or maybe I'm thinking way too small cause I'm way too distracted at the moment.
The part about not being allowed to sell the works though....as far as I'm aware, fan made 'doujinshis' (I don't know what this term means, but I've seen it refer to fanfic manga) can be legally sold, so this is kind of weird, but big picture (what I said above), I can see the benefit of making it illegal to sell it.