AI Art Copyright Infringement Explained

Artificial intelligence (AI) has revolutionised the world of art, bringing new possibilities for creativity and expression.

However, as with any new technology, there are concerns about potential legal issues that may arise.

One of the biggest concerns in the art world today is AI art copyright infringement.

As AI algorithms create new works of art that blur the lines between human and machine creation, questions arise about who owns the copyright to these pieces.

In this blog post, we’ll look into the complexities of AI art and explore the legal and ethical questions surrounding copyright infringement in this emerging field.

AI in Art

Artificial Intelligence (AI) has transformed the world of art, offering new possibilities for creativity and innovation. Artists are now using AI algorithms and machine learning techniques to generate artwork that was once unimaginable. These technologies enable the creation of intricate and complex pieces that would be difficult, if not impossible, to create by hand.

One of the most exciting developments in this field is generative art, where AI algorithms autonomously produce artistic works with minimal or no human input. This type of art is often created through deep learning models that analyse and replicate patterns, colors, and textures from vast datasets, resulting in unique, unexpected creations.

According to a Pew Research study from 2023, 31% of those who had used text-to-image AI software thought it was a significant improvement for the visual arts. Furthermore, almost two-fifths (39%) thought it was a little advancement, meaning that seven out of ten users think the software has made some progress in the visual arts.

According to a Book an Artist survey from 2023, 89% of artists are concerned that copyright laws are out of date, and nearly three-quarters (74%) of artists believe that AI stealing artwork from the internet is unethical.

“AI art” or “algorithmic art” has sparked considerable interest within both the artistic and technological communities. It challenges traditional notions of authorship and creativity by shifting some of the creative control from humans to machines.

While some argue that AI lacks the emotional and intentional depth of human artists, others view it as a tool that enhances human creativity by pushing the boundaries of what is possible.

As AI technology advances, the relationship between human creativity and machine intelligence is expected to evolve, opening new frontiers for artistic expression.

AI Art Copyright

Foundations of Copyright Law

At the heart of the AI art copyright debate is the foundation of copyright law, which protects creators by granting exclusive rights over the reproduction, distribution, and public display of their work. 

Traditionally, copyright law requires human authorship and originality. As AI generates art autonomously, this raises questions about whether AI creations can be eligible for protection.

As expressed by author Mark Twain, “Only one thing is impossible for God: To find any sense in any copyright law on the planet.” This quote reflects the complexity and challenges faced in adapting traditional copyright frameworks to new technologies like AI in the art world.

Can AI-Generated Art Be Copyrighted?

Since AI-created art involves computers, algorithms, and data, there is no singular human artist behind the work. As a result, many countries, including the United States, do not grant copyright protection to AI-generated works, as they require human authorship for protection under copyright law.

However, different countries approach this question in varying ways:

• United Kingdom: The UK grants copyright protection to “computer-generated works” when there is no human author, with the person who made the necessary arrangements being considered the copyright holder. This is stipulated in section 9(3) of the Copyright, Designs and Patents Act (CDPA) of 1988.
• European Union: Copyright protection is largely human-centric, but ongoing discussions suggest potential future adaptations to include AI-generated works.

These variations highlight the global complexity of copyright law in relation to AI-generated art.

AI Art and Copyright Infringement

AI-generated images and copyright infringement are growing concerns as the use of artificial intelligence in the creation of artistic works becomes more prevalent.

As AI algorithms generate art, questions regarding the originality, ownership, and potential infringement of existing copyrights emerge.

AI art, created through a fusion of artificial intelligence, algorithms, and computer processes, brings forth unique challenges when it comes to copyright infringement.

Traditional copyright laws are primarily designed to protect human-generated creations, and applying these laws to AI-generated work can be complicated due to issues of authorship and originality.

Nonetheless, AI-generated art can still be subject to copyright infringement if the data sources or materials utilised in the creation process are not lawfully obtained or used.

For instance, if an AI system employs copyrighted images without proper licensing or authorisation, the resulting artwork may be considered an infringement of copyright.

An illustrative case involves Getty Images, a prominent image provider, filing a lawsuit against an AI art generator for using their copyrighted images without permission.

Although the AI-generated artwork itself may not be subject to copyright, the infringement stemmed from the unauthorised use of copyrighted images.

To prevent copyright infringement, it is vital to ensure that data sources and materials used for creating AI-generated content are acquired legally.

Moreover, comprehending the terms of service of AI art generators is essential for compliance with applicable copyright laws and regulations.

Is AI Art Copyright Infringement?

When an AI generates art, it does so through a combination of pre-existing data sources and computer-generated processes.

These data sources may include images, sounds, or other types of media that are subject to copyright law.

If the data sources used to create AI art are not obtained or used lawfully, this could be considered copyright infringement.

For example, if an AI generator uses copyrighted images without proper licensing or permission to create an artwork, this would be considered copyright infringement.

Even if the AI-created artwork itself is not subject to copyright, the images used to create it would have copyright licenses that were not respected.

Authorship and Ownership in Human-AI Artistic Collaboration

Is It Truly Unique? The Originality Dilemma

A key challenge in granting copyright protection to AI-generated art is the issue of originality.

Copyright law protects works that are original and the result of human creativity. However, AI art is often produced by algorithms trained on pre-existing works, raising concerns about whether these art creations can be considered genuinely original. This blurs the line between inspiration and replication.

The question becomes: can a machine’s output, based on past data, be deemed “creative” in the legal sense? This raises the question of whether A.I. generated images can be considered truly original and, therefore, eligible for copyright protection.

Artistic Partnerships: Humans and AI Working Together

AI-generated art frequently involves human collaboration, creating a unique fusion of human creativity and machine learning.

Artists often work with AI algorithms, guiding and refining the output to achieve a final piece. This collaboration blurs the line between human and AI authorship, raising important questions about ownership and copyright. Who owns the rights to a work produced by both human input and an autonomous algorithm?

In these partnerships, defining the role of the artist and the AI becomes critical to determining legal responsibility and intellectual property rights, making it an evolving area of discussion in the art and legal worlds.

Legal Battles Erupt Over Copyright in the Age of Generative AI

The rise of generative AI has triggered a wave of lawsuits, as many creators and companies believe their intellectual property is being misused by AI firms. These legal challenges seek to undermine the defense of “fair use” often claimed by AI companies.

TikTok and Bev Standing

Voice actress Bev Standing filed a lawsuit against TikTok in 2021, claiming that the site had improperly utilised her voice for its text-to-speech feature. The dispute was settled.

Standing claimed that TikTok’s use of her voice violated her intellectual property rights, raising important concerns about the unauthorised exploitation of voice and content in the growing field of generative AI.

This case highlighted the challenges surrounding AI technologies and content creators, emphasising the need for clear consent and licensing agreements to protect original work. This settlement underscored the increasing legal scrutiny over AI’s role in media and creative industries.

The New York Times vs. OpenAI and Microsoft

In late 2023, The New York Times launched a lawsuit against OpenAI and Microsoft, accusing them of using millions of its copyrighted articles without permission to train AI models.

The lawsuit raises critical issues about whether AI companies can rely on copyrighted content under “fair use” without compensation. If the court rules in favor of The New York Times, OpenAI could be forced to delete its existing dataset and rebuild it from scratch. 

More legal issues for Microsoft and Open AI have been brought up by lawsuits from other American publications, such as The New York Daily News and The Chicago Tribune.

Music Industry vs. Anthropic

Major music publishers, including Universal Music, have filed a lawsuit against Anthropic, alleging that its chatbot, Claude AI, was trained using copyrighted song lyrics without authorisation.

The publishers demand stricter measures or “guardrails” to prevent the chatbot from using copyrighted material in the future. Simultaneously, AI music startups such as Suno and Uncharted Labs are facing legal action from record labels, including Sony Music Entertainment and Warner Music Group.

These lawsuits reflect growing concerns within the music industry about AI systems infringing on intellectual property, as they increasingly rely on copyrighted content to develop new AI-generated creations.

Class-Action Lawsuits

Several artists, including Sarah Andersen, Kelly McKernan, and Karla Ortiz, have filed a class-action lawsuit against Stability AI and Midjourney, alleging that their work was unlawfully used to train AI models. They argue that AI-generated images in their style directly compete with their original works, taking away commissions.

U.S. District Judge William Orrick upheld copyright and trademark claims in this case in 2024, marking an early win for artists and a setback for AI companies using Stable Diffusion.

Additionally, writers like Nicholas Basbanes and Nicholas Gage have filed class-action lawsuits against OpenAI and Microsoft, accusing them of “stealing” content from their books. These lawsuits aim to represent a large class of writers, potentially numbering in the tens of thousands.

These lawsuits signify the growing legal tensions between AI companies and content creators, as courts begin to address how copyright laws apply to machine-generated works.

Tips for Safeguarding Your Images from AI Generators

To prevent any possible copyright infringement by AI generators on your original works, you can take several precautions.

This can include obtaining a Creative Commons license or adhering to the finest approaches for safeguarding your images.

Implementing these measures may not entirely prevent AI companies from unauthorised use of your work, but they can establish stronger evidence of copyright infringement in case it happens.

1. Apply for a Creative Commons License

A Creative Commons (CC) license allows you to maintain your copyright while granting others permission to use your work under specific terms and conditions.

By applying for a CC license, you can set clear guidelines on how your original image can be used, shared, and modified. This way, you can ensure that your work is used only in ways that you have authorised.

2. Use Watermarks

Adding a watermark to your images can help deter unauthorised use by making it harder for AI generators to access your work without your permission.

Watermarks can also serve as a visible reminder of your ownership of copyrighted material.

3. Have Copyright Registration with the Copyright Office

Registering your work with the copyright office in your country can help establish a public record of your copyright ownership.

In the event of a dispute, this can provide crucial evidence to support your copyright claim.

4. Include Copyright Notices

Always include copyright notices on your creative content to remind users of your ownership and rights.

While it may not be legally required, doing so helps reinforce your legal claim to the work and may discourage unauthorised use.

5. Monitor the Use of Your Work Online

Regularly monitor the use of your work online using tools like reverse image search, Bytescare’s digital piracy monitoring service, or content tracking services.

By keeping an eye on where your work appears, you can quickly identify and address unauthorised use.

By implementing these measures, you can strengthen the protection of your original works against potential copyright infringement by AI generators.

It is essential to stay vigilant and proactive in safeguarding your intellectual property rights in the digital age.

Impact on the Art Market

The advent of AI has significantly disrupted the traditional art market. According to the most recent data on AI art, the worldwide market for AI images might reach a valuation of more than $0.9 billion by 2030. If estimates come true, the industry’s value will more than triple (+254%) from 2022, when it was estimated to be worth just under $0.26 billion.

One of the most profound impacts is the proliferation of AI-generated art, which challenges the notion of originality and authorship.

As AI algorithms can create visually stunning and unique pieces, questions arise about the value and authenticity of human-made art. This has led to debates about whether AI-generated art should be considered art at all and who should own the copyright to such pieces.

Moreover, AI is also transforming the art market by enabling new forms of artistic expression. Artists are using AI tools to create interactive installations, generative art, and data-driven visualisations, pushing the boundaries of traditional mediums. This has led to the emergence of new art markets and collectors who are interested in exploring these innovative forms of expression.

However, the impact of AI on the art market is not entirely positive. Some artists fear that AI could devalue their work by making it easier for anyone to create art. Additionally, concerns have been raised about the potential for AI to be used to create counterfeit art, which could undermine the integrity of the art market.

AI has the potential to revolutionise the art market by creating new opportunities for artists and collectors.

What’s Next?

AI art copyright infringement has become a significant concern, especially when AI image generation tools use millions of images as source materials during the training process. These tools often create new works by blending visual elements from copies of training images, raising legal questions about the rights of the original artist.

While the fair use doctrine may allow some transformative uses, AI-generated art used for commercial purposes can still lead to copyright disputes.

Protecting creative works is crucial, and using a third-party service like Bytescare can help safeguard against IP violation. Bytescare prevents copyright infringement by leveraging advanced technologies to protect digital content.

Book a demo to explore how their innovative solutions can protect your work from unauthorised use. Ultimately, respecting copyright laws ensures that creators’ rights are upheld, fostering an environment where creativity and innovation can flourish.

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