What is Valve's position on photo-sourced art assets that aren't owned by the developer?
Max Payne 1 and 2 both use high resolution photographs taken on the streets of New York and Finland for the starting point for their textures. It's not like Remedy went to the "designers" of each brick pattern and acquired the rights to use that imagery in their games. Both the appearance of the bricks as well as the pattern laid by the mason can easily be considered art. How is that different from AI-assets that aren't owned by a developer?
Photographs are often considered copyrighted art. A building is not.
Nor a street. Or a brick. Anyone can take a picture of a building (even your house), street, brick, etc. and it's fine. Not everyone can use the resulting photo or potentially an alteration of that photo without getting consent from the owner of the photo.
AI generated art uses copyrightable art as source material. That's where it starts to get legally tricky. Moreso, if the art resembles the art that it is trained on. Again, it's tricky.
It's legally fine for an artist to create art (like creating a character model) that looks similar to or is inspired by art from another artist, as long as it is not a blatant copy. That's to recognize the skill and effort of the artist who may have been inspired by another artist.
What about AI art? There's no artist skill or effort there. At best, it's using AI to create hundreds or thousands of versions of "something" and then going through them to pick out the ones that aren't horrific (in the case of AI generated human 2D art, /shudder some of them are nightmare inducing with how they do fingers or body parts).
So, if the AI art is deliberately or not deliberately very similar to the source art used in the AI training/algorithm, that presents a legal issue.
NOTE: this is WRT things classified as copyrightable. Having AI generate some random brick or building doesn't cause potential legal issues, there are no legal protections (in general) for the look of a brick or the look of a building. Having AI generate "art" OTOH now impinges on things that
are copyrightable.
At issue on Steam is the recent flood of games (especially NSFW games) using AI generated art that is trained on copyrighted material and generated created to be as similar as possible to the copyrighted artist's work.
Regards,
SB