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Artificial Intelligence and Images

AI vs. The Law


Copyright answer - It depends or it's complicated

A.I. Versus The Law

This 20:36 video from LegalEagle discusses AI images and the problems that can arise from its use. (Watch to 19:24)

Questions discussed include: 

  • Can AI images get a copyright?
  • Is it ethical or legal to train AI with copyrighted work?
  • Is AI considered derivative work?

Copyrighted Data

The Verge article, "The scary truth about AI copyright is nobody knows what will happen next" looks at the legal issues surrounding copyright and AI. One of the larger concerns is the use of copyright-protected data to train AI models. Images are scraped from hundreds of domains, including WordPress, Blogspot, DeviantArt, Shutterstock, and Getty Images. 

Consideration of the fair use factors includes the nature of use and impact on the market. Is it transformative? It is possible that training the systems on copyrighted data may be considered fair use, but using the produced image might be infringement of copyright. 

Recent court case decisions such as Warhol and Prince contribute to the interpretation of fair use. Regardless, the lawsuits will be expensive, complicated, and most likely appealed to the Supreme Court. 

In August 2023, a US judge ruled that AI-Generated art is NOT protected by copyright law. Copyright law only protects creations of the human mind.

ARTnews: US Judge Rules AI-Generated Art Not Protected by Copyright Law

Public Knowledge, a website promoting freedom of expression and an open internet, discusses AI and how more copyright laws may not be the best answer. New policies, however, are essential to preserve the existing openness of the internet. Read the article by Nicholas Garcia for more info: Generative AI is Disruptive, But More Copyright Isn’t the Answer.