What is Cozy Creator

Cozy Creator is a custom web-interface that queries various Stable Diffusion models hosted on Replicate. It’s designed to be a user-friendly web-app for newbies.

What is the Legal Status of AI-Generated Images?

In the United States, copyright is automatically granted to all original works of human authorship. This means that AI-generated images can never be copyrighted, and hence can be used by anyone freely without permission or cost. If a human modifies the images, he or she will own the copyright to those modifications, and just the modifications.

While AI-art individually cannot be copyrighted, bodies of work incorporating AI-art can be. For example, the graphic novel “Zarya of the Dawn” used Midjourney-generated images, and while the individual images themselves cannot be copyrighted, the work as a whole is copyright: https://news.bloomberglaw.com/ip-law/ai-comic-art-dispute-leaves-copyright-protections-open-ended

Characters and worlds generated using AI can qualify for character copyright, but only if the human authors put creative effort into developing the character as original and distinct from some sort of vague archetype.

Simply generating several concept-art pictures does not qualify for character-copyright: https://en.wikipedia.org/wiki/Copyright_protection_for_fictional_characters

AI-generated logos, shapes, and symbols can qualify as trademarks. You get common-law protection over your trademark simply by using it in commerce, regardless of how the trademark was produced.

You can file your trademark with the USPTO for additional protections.

We cannot guarantee that images produced by our service do not violate someone else’s intellectual property, and we accept no liability for this. It is up to your own discretion to not use images that violate someone else’s IP.

Generally, duplicating an artist’s style is not considered IP infringement, as artistic styles cannot be copyrighted. Generating recognizable images of a copyright character could be considered copyright infringement.

The first amendment protects freedom of speech, including areas such as satire and parody, which allow you to use another person’s likeness. People also have a “right of publicity”, which refers to an individual’s right to control and profit from the commercial use of their name and likeness.

If you generate and share images of someone else, they could sue you for “misappropriation of likeness”. To successfully win their suite, the claimant would have to demonstrate that you:

  1. used their name or likeness
  2. for an exploitative purpose
  3. without their consent
  4. causing injury to their reputation or finances

You could additionally be sued for defamation, invasion of privacy, and intentional infliction of emotional distress. As such, if you are creating images of someone else’s likeness, it’s best to get their consent first before you use these images anywhere.

How much does it cost?

All images are generated on powerful Nvidia A100 40GB graphics cards, allowing us to generate images in less than 10 seconds. These high-end datacenter-grade graphics cards are built for intense machine learning workloads, and cost $10k - $15k each (if you can find them). We get billed *by the second* for using these cards, hence why we limit the number of images free-users can generate per day. Premium users get allocated 500 image-gen jobs (2,000 images) for $15 per month.

Will AI Replace Artists?

The future of commercial art will shift towards a hybrid of AI and graphic-design skills; we call these people ‘tech artists’. Adobe Photoshop and Illustrator will be less valuable skills in the future; instead tech-artists will be strong prompt-engineers; knowing which models to use and where. The new artist-workflow will likely be (1) setting up the parameters of the model, (2) generating dozens of images, finding one close to what the tech-artist is looking to express, and then (3) modifying the final image by hand as needed. This will greatly increase an artist’s efficiency; it’s likely tech-artists will generate 10x more content per week worked compared to having to do everything by hand.

Will AI Kill Off Stock Photo Services?

Yes.