There was a really great thread I was reading through on twitter that went into this in depth that I just fully agree with but didn't have the words to say as succinctly : https://twitter.com/paul_duffield/status/1560560378756575232
But overall, you are being lied to when you are being told this is something that is intelligent. We have not been able to develop that yet. (like this twitter thread was correct when talked about the chess AI, we have moved on from treating this method of learning as AI) So instead, it is the same as if someone made a video game with entirely stolen art assets. Not a gray area--clear as day that it is a bad situation. And to say something is "transformative" has certain legal requirements that up until now assumed you were a freakin human being putting references together. Is this program a human? No, this program is a video game that uses entirely stolen art assets in order to function.
Currently yeah it is legal to use as a book cover, so you're fine, but it does feel like midjourney does only one dark fantasy vibe. Not very helpful for people who are doing romance or youknow literally any other genre. It was really intended to be used to generate NFT art in massive amounts, lets be real.
And honestly, it is doing the opposite of what this picture identifying AI was initially supposed to do. Being able to identify an image is something we were going to use to drive a car--tech we've been working on since the 60's. We have managed to get to a place with significantly less user error but anyone with a Nest Cam knows we still got a ways to go because it still can't spot the difference of a human from a hubcap.
The only way to spot something with your camera and have the computer tell you what it is with a low amount of error is to have a MASSIVE database. But, midjourney and all the art databases are curated to be rather small in comparison, which is why when you type batman fighting with sharks you get something that doesn't even resemble a shark. I think a lot of ai artists have decided it's an artform to write these rediculous prompts to try and get a reasonable picture--but that is in fact the failure of the program you are using. Because honestly, my opinion is there is not enough art in the world to make a database that can accurately define what a thing is--and how much of the art in that database is just a duplicate of the same work?
Like if I use google and look up one piece of my own that unfortunately got stolen when it went viral, it'd be in like hundreds of results--if you're a very famous artist, it will be in millions of results. Every time you upload art to midjourney it counts as a separate piece of the database but like...is it?
That and like the ai art scene has decided to launch a big ol attack on concept artists, so even if I was fine with the program I'd be staying away from that scene becuase they've just made it their lot in life to be like "you're replacable, accept it, this is progress" yada yada--like @ these artists and making their life hell with bots and bullying. Just a bad scene.