Who is the author of AI-generated art? | Digital Dilemma

Al Jazeera English
5 Sept 202309:59

TLDRThe video script discusses the complexities of copyright and authorship in the era of AI-generated art. It highlights the case of artist Kelly McKernan, who joined a lawsuit against AI companies for unauthorized use of her art in training AI models. The lack of specific AI copyright laws leads to debates on whether AI creations infringe on original works. The video also touches on the impact of AI on writing, music, and the broader implications for intellectual property rights, suggesting the need for new legal frameworks to address these emerging issues.

Takeaways

  • 🎨 AI-generated artworks raise questions about copyright and authorship in the digital age.
  • 👩‍🎨 Artist Kelly McKernan's work was used without consent to train AI models, leading to her involvement in a class action lawsuit.
  • 🤖 AI art models like Midjourney use vast collections of images to train, but do not directly copy specific works.
  • 📚 The U.S. Copyright Act of 1976 is currently used to interpret AI-related copyright cases, but it was not designed for AI.
  • 🔄 Fair use allows limited use of copyrighted works without permission, which AI companies argue applies to their learning models.
  • 📝 Writers and journalists are also concerned about AI tools using their work without consent or compensation.
  • 🎵 The music industry faces challenges with AI-generated music, with songs being taken down due to copyright issues.
  • 🏆 AI-generated artwork has won competitions, but copyright registration for such works has been rejected due to lack of human authorship.
  • 🤖 The debate over who owns the output of AI-generated art is ongoing, with potential implications for new copyright laws.
  • 🌐 The development of generative AI is rapid, and it is too soon to determine the appropriate legal framework for AI and copyright.

Q & A

  • What is the main issue discussed in the video script?

    -The main issue discussed is the copyright and authorship of artworks and other creative works generated using AI tools.

  • Who is Kelly McKernan and what happened to her in relation to AI art models?

    -Kelly McKernan is an American fine artist and illustrator who discovered that her art was used without her consent to train AI art models on haveibeentrained.com.

  • What was the outcome of Kelly McKernan's involvement in a class action lawsuit?

    -Kelly McKernan joined a class action lawsuit against AI companies, but the judge expressed an inclination to dismiss most of the lawsuit, asking for more explanation on how AI models work.

  • What does the Copyright Act of 1976 state about AI and copyright infringement?

    -The Copyright Act of 1976 does not specifically address AI, but courts interpret it for cases involving AI, allowing for fair use if the output is transformative and doesn't compete with the original work.

  • What is the Authors Guild's stance on AI-generated texts?

    -The Authors Guild submitted an open letter to AI leaders, calling attention to the injustice of using their works in AI systems without consent, credit, or compensation.

  • How did the music industry react to AI-generated music?

    -A song generated by AI went viral but was taken down from streaming platforms due to copyright issues, highlighting the challenges in the music industry regarding AI-generated music.

  • What was the response of the U.S. Copyright Office to an AI-generated artwork?

    -The U.S. Copyright Office rejected the registration of an AI-generated artwork, stating that it lacked human authorship.

  • What is the argument for AI-generated artworks being considered democratic?

    -Some argue that AI tools democratize art by making it more accessible for people with varying artistic abilities to create works.

  • What is the current legal status of AI-generated works in terms of copyright?

    -There is no clear legal status for AI-generated works, as existing copyright laws were not designed for AI, and new laws have not yet been established.

  • What is the potential future for AI in terms of intellectual property ownership?

    -The future could see AI being recognized as creators and inventors with the ability to own intellectual property, but this would require significant societal and legal transformations.

Outlines

00:00

🎨 AI and Copyright: Artistic Dilemmas

This paragraph discusses the complexities of copyright and authorship in the context of AI-generated art. It features the story of artist Kelly McKernan, who discovered her work was used to train AI models without her consent. The narrative includes her involvement in a class action lawsuit against AI companies, the challenges of defining AI's role in creation, and the current legal landscape regarding AI and copyright. The discussion touches on the philosophical and legal questions of whether AI's output constitutes copying or imitation, and the implications for artists and creators whose works are used to train AI systems.

05:02

📚 The Impact of AI on Creative Industries

The second paragraph explores the broader impact of AI on various creative industries, including writing, music, and digital art. It highlights the concerns of authors and musicians about the use of their works to train AI without compensation or consent. The narrative includes the story of a song generated by AI that went viral but was removed due to copyright issues. It also discusses the potential for AI to democratize art by making creation accessible to a wider audience, but raises ethical questions about exploitation and the need for new copyright laws to address the unique challenges posed by AI-generated content.

Mindmap

Keywords

💡AI-generated art

AI-generated art refers to artworks created using artificial intelligence tools, which can mimic or generate new visual content based on data from existing artworks. In the video, this concept is central as it discusses the copyright implications of such creations, highlighting the legal and ethical challenges faced by artists whose work is used to train AI without consent or compensation.

💡Copyright

Copyright is a legal right that protects original works of authorship, including artistic creations. It grants the creator exclusive rights to reproduce, distribute, and display their work. The video explores the complexities of applying copyright law to AI-generated art, as current laws were not designed with AI in mind.

💡Authorship

Authorship refers to the act of creating a work and being recognized as its originator. In the context of AI-generated art, the question of who the true author is—whether it's the AI, the person who prompts the AI, or the artist whose work was used to train the AI—becomes a complex issue. The video delves into this debate and its implications for artists and the legal system.

💡Fair use

Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the rights holder, typically for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. The video discusses how AI companies argue that their models' use of copyrighted works falls under fair use, as they are transformative and do not directly compete with the original works.

💡Generative AI

Generative AI refers to AI systems that can create new content, such as images, music, or text, based on patterns learned from existing data. These systems are not just replicating existing works but are generating new outputs. The video highlights the challenges generative AI poses to traditional copyright and authorship concepts.

💡Democratizing art

The term 'democratizing art' suggests making the creation and enjoyment of art more accessible to a wider audience, regardless of their artistic skills. The video touches on the argument that AI tools can democratize art by allowing more people to participate in the creative process, but also raises concerns about exploitation and the potential devaluation of human creativity.

💡Intellectual property (IP)

Intellectual property (IP) refers to creations of the mind, such as inventions, artistic works, designs, and symbols, which are protected by law. The video discusses the potential for AI to own IP, which would be a significant shift in how we understand and apply IP rights.

💡Legal framework

A legal framework consists of the laws, regulations, and policies that govern a particular area of society. The video emphasizes the need for a new legal framework to address the unique challenges posed by AI-generated works, as existing laws are not equipped to handle these situations.

💡AI ethics

AI ethics involves the study of the moral implications of AI systems and their impact on society. The video touches on ethical considerations, such as the use of AI in creating art without the consent of the original artists, and the potential for AI to disrupt traditional creative industries.

💡Creative intent

Creative intent refers to the purpose or intention behind the creation of a work of art or other intellectual property. It is a crucial element in determining authorship and the originality of a work. The video highlights the importance of human creative intent in the process of AI-generated art, arguing that it should be recognized in legal considerations.

Highlights

AI-generated artworks and copyright protection are a subject of legal debate.

Artist Kelly McKernan's work was used without consent to train AI models.

McKernan joined a class action lawsuit against AI companies for unauthorized use of her art.

The lawsuit claims AI image generators violate artists' rights by using compressed copies of training images.

Judges are seeking clarification on how AI models work and their impact on copyright.

There are no specific copyright laws for AI in the U.S., leading to interpretation challenges.

Fair use allows limited use of copyrighted work without permission if the output is transformative.

AI companies argue their models learn from works without copying, thus not infringing on copyright.

The Author's Guild is concerned about AI tools' impact on writers and their compensation.

AI-generated texts and music are becoming more prevalent, raising questions about originality and ownership.

Some artists, like Grimes, embrace AI and share royalties with AI-generated works using their style.

AI-generated artwork won first place at the Colorado State Fair's Digital Arts competition.

The U.S. Copyright Office rejected copyright registration for AI-generated artwork due to lack of human authorship.

The debate on AI-generated art's legality and copyright is ongoing, with no clear resolution in sight.

The need for new copyright laws for AI is recognized, but the appropriate laws are yet to be determined.

The concept of AI as authors and inventors with rights and responsibilities is a topic for future legal and societal transformation.

The discussion on AI and copyright raises questions about the definition of democracy and exploitation in art creation.

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