I think you meant to respond to someone else, as I pretty much agree(d) with everything you’re saying and have not claimed otherwise. In fact in my very post I did say in more layman terms it was very likely this person used img2img or controlnet to copy the layout of the image, I think it’s less likely they got something this similar unguided, although it’s possible depending on the model or by somehow locking the prompt onto the original work.
But the one point I do disagree with is that this is a violation of copyright, as I explained before. For it to be a violation it would need to look substantially more similar to the original, the one consistent element between the two is the rough layout of the image (the contrasted areas), for the rest most of the content is very different. You notice the similarity of the contrasted area much more easily by it being sized down so much.
I hope you understand, as you seem to be more knowledgeable than the people that downvoted without leaving a comment, but you are allowed to use ideas and concepts from others without infringing on their work, as without it the creative industry literally couldn’t function. And yes, this is the responsibility on anyone using these models to avoid.
This person skirts too close in my eyes by pretty much 1:1 copying the layout, but it’s almost certainly still fine as again, a human doing this with an existing piece of work would also be (eg. the many replica’s / traces of the Mona Lisa).
Hell, if you take a look at the image in this very lemmy post, which was almost certainly taken from someone else, it has a much better case of copyright infringement, since it has the same layout, nearly identical people in the boxes, general message and concepts.
But in the end, copyright is different per jurisdiction and sometimes even between judges. Perhaps there is a case somewhere. It’s just (in my opinion) very unlikely to succeed based on the limited elements that are substantially similar.
EDIT: Added the section about the Mona Lisa replica’s for further clarification.
Yeah that’s also fair enough conclusion, I think it’s a bit too convenient the rest of the image looks a lot worse (Much more clear signs of botched AI generation) while the layout remains pretty much exactly the same, which to me looks like selective generation.