Twist: AI Art Copyright Debate Takes an Unexpected Turn!

Twist: AI Art Copyright Debate Takes an Unexpected Turn!

Jean Dubreil | Aug 22, 2023 2 minutes read 1 comment
 

AI art's copyright debate continues as a recent ruling denies copyright for AI-generated images, leaving questions about its future implications. The evolving landscape of AI art and its copyright challenges remain subjects of ongoing legal and artistic scrutiny.

Andy Paradyse, LET'S GET IT STARTED! (2023), Digital Art, 70x70 cm

The realm of AI art is not without its controversies, and one of the core issues revolves around copyright implications. This encompasses not only the copyrighted material used to train leading AI art generators—often without explicit authorization—but also the fundamental question of whether the AI-produced artworks themselves can be granted legal protection.


While a definitive judgment on the first matter is still pending, a recent decision by a US judge has provided clarity on the latter. The ruling has essentially confirmed the preexisting notion that AI-generated images are ineligible for copyright protection. Nonetheless, this might not mark the conclusion of the narrative.

Anita Kalmar, UNDERWATER BEAUTY 1 (2023), Digital Art

The evolution of AI art over the past year has been nothing short of remarkable. Roughly a year ago, the present generation of text-to-image generative models—such as Midjourney, Stable Diffusion, and DALL-E 2—came into prominence. During this intervening period, these models have made significant strides in terms of reliability, culminating in their ability to craft remarkably lifelike images.

Irina Minevich, MATTHIAS JUNG'S FLYING AIRSHIP 5 (2023), Digital Art

In a development reported last October, a seemingly groundbreaking event occurred: an instance of copyrighted AI art surfaced. However, a deeper examination revealed a more intricate reality. The creator behind a graphic novel showcasing AI-generated art had indeed copyrighted the novel itself, but not the AI-composed images contained within. This revelation has left the question of whether AI-generated images can indeed be subject to copyright protection in a state of uncertainty.

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