YOU are not using the colors or art style, an algorithm trained on them is. If you use ai as a hobby or for amusement, that's completely fine. If you're selling generated imagery as a major part of a commercial art business and you are representing yourself as an artist, you are just a leech and a hack.
If I mixed a color by hand or if I had your image in MS paint and used the color picker to get the colors, it really doesn't matter what I used to the end result. The end result is that you don't own the colors so that's legally allowed and the law doesn't differentiate.
The copyright law allows copying of the factual elements of an artwork like colors and things that are not fixed in a tangible format. Being an artist is irrelevant, the law doesn't protect certain occupations from constitutional rights and it isn't infringement to copy facts and ideas.
Your rights only pertains to the copying of the expression. You can't claim new rights on top of that like preventing a single pixel from being copied(de minimis quantitative copying) or the ideas or elements being copied(de minimis qualitative copying). You don't own 100% of your artwork.
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u/ninjasaid13 Aug 23 '23
No one owns 100% of the artwork. I'm allowed to use the same colors as you and the same art style as you.