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> I think the jurors would be aware (or at least acceptive) of the notion that describing a picture using words does not create a derived work.

Describing to a human.

Describing it to stable Diffusion is very different. If you ask for a starry night, you get van Gogh's starry night, sometime with the original frame.

A prompt can easily trigger it to make a derivative work from something in its training set, and it often does.

Any competent expert will tell that to the jury and easily demonstrate it again and again.



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