Intellectual Property Rights

Investigating how to treat intellectual property in AI-generated creative works.

Katya has been painting since before she can remember, and she has a particular affinity for Ukrainian paintings since that's her home country. A friend of hers had just told her about a tool powered by artificial intelligence. Her friend promised that the tool could generate any photograph she wanted based on a simple command she gave it. She was skeptical but also eager to see if it could come close to approximating some of her favorite paintings. 

After she briefly explored the tool, she quickly realized it could capture the feeling of some of her favorite works of art. The results felt unique but also similar to the painting she referenced. She was excited about this and decided to share it on social media. There, she gained a lot of attention and comments from those in her extended network. It was a rush to receive so much attention.

She became concerned when an artist contacted her, saying that one of the AI-generated paintings looked similar to their own work, which was inspired by the same classic painting that Katya used as a reference in the AI tool. The artist suggested that Katya was infringing on their intellectual property rights and that Katya's work derived value from how they interpreted the original painting. 

This was confusing to Katya, so she contacted her teachers for help. Her painting professor pointed her toward the complex details of intellectual property rights pertaining to AI artwork. While traditional IP law does protect authorship for those original works of art that AI works modeled, this raises questions about which work is original and which is a derivation, and about which is a creation and which imitates the creation. 

To resolve the dispute, Katya discussed this with the artist who accused her. She explained her artistic process and the role of AI as a tool in her creativity. They debated questions such as: Is AI-generated art that draws on existing works transformative enough to be considered original? Who holds the copyright in such casesᅳthe AI, the user who provided the prompt, or the creators of the original works that inspired that training data? 

As she continued to delve into the issue, Katya discovered that the debate around AI-generated art extended far beyond her personal experience. ⁤⁤She came across artists who use AI to enhance their creativity and push their artistic expression. She argued that AI is simply another medium, like oil paints or digital software, and that humans' ability to craft prompts and curate results shows their true artistry.

Katya also found advocates for traditional artistry, who believe that AI tools will devalue human creativity and diminish labor. Those with this point of view worried that mass-produced AI art would flood the market and make it harder for human artists to make a living. ⁤⁤This forced Katya to reflect on the implications of AI in creative industries and consider not just the legal aspects of using these kinds of tools but also the economic impact on the artists. 

Katya and the artist who accused her came to a mutual understanding. They both acknowledge that there's a lot of gray area for interpretation and that better intellectual property laws are needed to help them and others with the murky challenges caused by AI tools. This is an important lesson for Katya.

What do you think?


Questions for Discussion

  • When art has been reimagined by AI, what are the potential advantages and liabilities?
  • For artwork that has been generated by AI, how do you define originality?
  • Who do you think should hold the copyright in cases where AI-generated art draws on existing works: the AI, the user who provided the prompt, or the original creators?
  • When artists use AI tools to create work, what ethical concerns should they keep in mind?
  • What Intellectual Property laws can be applied to AI-created art, design, writing, or music?
  • What can artists do to make sure they respect others' intellectual property rights while using AI in their creative process?
  • In what ways do you think Intellectual Property laws need to evolve to address the challenges posed by AI in the creative realm?

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