Modern diffusion models have set the state-of-the-art in AI image generation. Their success is due, in part, to training on Internet-scale data which often includes copyrighted work. This prompts questions about the extent to which these models learn from, imitate, or copy the work of human artists. This work suggests that tying copyright liability to the capabilities of the model may be useful given the evolving ecosystem of generative models. Specifically, much of the legal analysis of copyright and generative systems focuses on the use of protected data for training. As a result, the connections between data, training, and the system are often obscured. In our approach, we consider simple image classification techniques to measure a model's ability to imitate specific artists. Specifically, we use Contrastive Language-Image Pretrained (CLIP) encoders to classify images in a zero-shot fashion. Our process first prompts a model to imitate a specific artist. Then, we test whether CLIP can be used to reclassify the artist (or the artist's work) from the imitation. If these tests match the imitation back to the original artist, this suggests the model can imitate that artist's expression. Our approach is simple and quantitative. Furthermore, it uses standard techniques and does not require additional training. We demonstrate our approach with an audit of Stable Diffusion's capacity to imitate 70 professional digital artists with copyrighted work online. When Stable Diffusion is prompted to imitate an artist from this set, we find that the artist can be identified from the imitation with an average accuracy of 81.0%. Finally, we also show that a sample of the artist's work can be matched to these imitation images with a high degree of statistical reliability. Overall, these results suggest that Stable Diffusion is broadly successful at imitating individual human artists.
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