As of recent, with new AI apps like Dall-E, the AI art generation has started to become more and more popular. We can now simply generate a Picasso-level painting with a simple prompt. This has never been possible before. But it raises the question, "Is this too good to be true?" Is there some kind of catch to this technology? Can you be sued for copyright by using this? Today, we will be discussing whether AI-generated images can be copyrighted or not.
For most of AI development history, this was not really much of a concern. AI was merely able to generate blurry low-resolution images. However, in 2022 with dozens of AI image generators like Dall-E and Stable Diffusion, which can produce high-quality pictures, copyright became a valid question.
Currently, in the US there is no protection for copyright for AI-generated images. Neither the AI nor the company that created the AI has any copyright rights for the image. So the answer is no you cannot be sued for using AI-generated content. You are allowed to sell AI-generated images without worrying about copyright or legal issues.
However, there is a catch. According to the U.S. Copyright Office Rules, A.I. Art Can’t Be Copyrighted at all. So it's not only the companies that don't have rights to the image but it's also you. Of course, you are allowed to freely use and sell the image but keep in mind that you can't enforce copyright on it. Keep in mind this is only in the US. The laws in other countries may differ. Also, keep in mind that this could just be temporary. The law could be changed sooner or later (which is entirely possible considering how advanced AI-generated images have become).
It is important to keep in mind that AI-generated art is not completely original. AI art generators have merely just been fed existing works of art and generate art based on what they have been trained on. Because of this AI oftentimes uses existing art styles and features. Click here to learn more about the disadvantages of AI-generated art. But anyways, this has raised many concerns about copyright. Is it fair that AI is allowed to steal existing art styles?
Hollie Mengert, a Disney artist has recently fallen victim to this. A Canadian AI art experiment had cloned her art style. The experiments conductor downloaded 32 of Mengerts pieces and used them to train the AI. According to The Verge, Mengert stated that "For me, personally, it feels like someone’s taking work that I’ve done, you know, things that I’ve learned — I’ve been a working artist since I graduated art school in 2011 — and is using it to create art that I didn’t consent to and didn’t give permission for."
This isn't just an issue with this one-time experiment. You can see many AI art generators copying existing art styles used by well-known artists. Below is an AI-generated image that depicts the Eiffel tower painted in the style of Vincent van Gogh. Of course, van Gogh has long since passed, but imagine if he were still alive. This would definitely be highly offensive to him.
Many lawyers, analysts, and companies have been asked whether they think the law on AI-generated images is going to change. For now, it is fairly split. Some believe that the law will surely change in the near future. Others believe the contrary, that AI-generated images will continue to be copyright free. Only time will tell whether or not the law will change.
Edit: As of February 2023, the U.S. copyright office has officially ruled that AI-generated images are not protected by copyright law, meaning that what we discussed in the article is still true and the law hasn't changed.
For now, it is best to simply make the most out of AI art. There are so many useful applications for AI art that it is almost unbelievable. Click here to learn about the 7 best AI art generators. With the upcoming AI revolution, there are going to be many opportunities to become successful and rich. Make sure to follow my blog to learn how. And of course, don't forget to leave a like and comment on what you think about the copyright laws on AI art.
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