AI Generated Art: A New Frontier or Legal Nightmare?

Explore the controversy of AI-generated art: artists’ resistance, legal issues, and the most controversial AI artworks.

The Adelia and The Lavinia were created with AI by AI Artz

Artificial Intelligence (AI) has permeated various facets of our lives, and
the world of art is no exception. AI-generated art has sparked a heated debate
regarding its originality, authorship, and copyright. This article aims to
shed light on the controversy surrounding AI art, exploring why some artists
are resistant to it, the legal considerations involved, and some notable
examples of controversial AI artworks.

Legal Considerations for AI Art

AI-generated art
poses unique challenges to existing legal frameworks, particularly in
relation to copyright infringement, ownership of AI-generated works, and
unlicensed content in training data. The law is unclear on who owns the
rights to AI-generated art, whether it is the human programmer, the AI
itself, or the public domain. Let’s know what are some main legal
considerations for AI art.

Photo by Sora Shimazaki

1. Copyright Challenges in AI Art

AI-generated art has introduced a new dimension to copyright laws.
Traditionally, copyright laws have been designed to protect the rights of
human creators. However, with AI now capable of creating art, it raises the
question of whether these works should be protected under copyright laws.
This is particularly challenging because AI does not have legal personality
and cannot own copyrights. Furthermore, AI can generate art by learning from
a vast amount of data, which may include copyrighted works. This raises
concerns about potential copyright infringement.

2. Ownership of AI Art: An Unresolved Issue: 

The question of who owns the rights to AI-generated art is complex. If we
consider the human programmers who designed the AI, it could be argued that
they indirectly contributed to the creation of the art. However, if we
consider the AI itself, it’s the one that directly created the art. But can
AI own copyrights? Currently, the law does not provide a clear answer.
Another possibility is that AI-generated art belongs to the public domain,
free for everyone to use.

3. U.S. Federal Ruling: A Landmark Decision

In 2023, a U.S. federal judge made a significant ruling regarding AI and copyright. The judge ruled that AI-created artwork does not meet the criteria for federal copyright
protection because copyright law is confined to the “original intellectual
conceptions of the author.” This implies that AI, as a non-human entity,
cannot be recognized as an ‘author’ under current copyright law.

4. Legal Implications of Generative AI: Still Unclear

Despite the 2023 ruling, the legal landscape surrounding the use of
generative AI is still evolving. Companies that use AI tools could
potentially face legal risks if they unknowingly incorporate copyrighted
content generated by these tools into their products. This risk is further
heightened by the fact that some AI tools are capable of generating content
that closely resembles existing copyrighted works.

5. Ethical Considerations: A New Frontier

Beyond the legal implications, AI art also raises several ethical issues.
For instance, there are concerns that AI could displace human artists or
blur the lines between human-created and AI-created art. There’s also the
risk of AI-generated art forgeries. Furthermore, AI’s potential bias and
lack of transparency could impact its creativity, leading to debates on the
authorship and ownership of AI-generated art.

Why Do Artists Hate AI Art?

Many artists believe that AI disrupts traditional art forms and practices.
There’s also the concern about copyright infringement, and some even
perceive this kind of art as a devaluation of human talent.

Photo by Luis Quintero

1. The Human Element in Art

Many artists perceive AI-generated art as lacking the depth, complexity,
and storytelling that are inherent in human creativity. They argue that true
artistic expression requires a level of creativity and emotion that machines
cannot replicate. Art is not just about the final product; it’s about the
journey of exploration, the process of trial and error, and the personal
growth that comes from creating something unique.

2. The Threat to Authenticity

The skepticism and resistance towards AI art stem from artists’ desire to
protect and preserve the integrity, authenticity, and creative spirit that
make art a profoundly human endeavor. Artists pride themselves on their
ability to express themselves, tap into emotions, and create unique and
personal works of art. They worry that the ease with which AI-generated art
can be created and shared may lead to an oversaturation of mediocre artwork,
making it harder for skilled artists to stand out and make a living.

3. Disruption of Traditional Art Forms

AI has the potential to severely disrupt conventional art forms and
practices. Some artists and professionals view it as a threat to their
craft. They see AI as a shortcut that bypasses the years of practice, study,
and experience that traditionally go into mastering an art form.

4. The Ethical Dilemma

Beyond the legal implications, AI art also raises several ethical issues.
For instance, there are concerns that AI could displace human artists or
blur the lines between human-created and AI-created art. There’s also the
risk of AI-generated art forgeries. Furthermore, AI’s potential bias and
lack of transparency could impact its creativity, leading to debates on the
authorship and ownership of AI-generated art.

Some Controversial AI Artworks

There are several controversial AI artworks that have gained popularity in
recent times. Let’s know some of them and why they became
controversial.

1. Théâtre D’opéra Spatial

Théâtre D’opéra Spatial Image Jason M. Allen

In 2022, Jason M. Allen created a piece called “Théâtre D’opéra Spatial,” or Space Opera Theater, using the Midjourney AI art generator. This
artwork, depicting a futuristic royal scene, won the top prize in the
“Digital Arts/Digitally Manipulated Photography” category at the 2022
Colorado State Fair. This achievement marked one of the first times an
AI-generated image had won such a prize. However, this victory led to a
backlash from artists who accused Allen of cheating. Despite the
controversy, Allen insisted he would continue to try to gain copyright
registration for his work.

2. Portrait of Edmond Belamy

Portrait of Edmond Belamy Image Wikipedia

Another artwork that sparked controversy is “Portrait of Edmond Belamy.” This AI-generated piece of art was created by a Paris-based art
collective called Obvious. They used a type of artificial intelligence
algorithm called generative adversarial networks to create the artwork. The
image became a news story when it was sold at auction for a staggering
$432,000 in 2018. This event marked a significant moment in the history of
AI art, but it also raised questions about the definition of art and the
role of the artist. The piece has been criticized because it was created
using a generative adversarial network (GAN) software package based on prior
research by others and implemented by Robbie Barrat, an AI artist who was
not affiliated with Obvious, leading to allegations that Obvious contributed
minimally to the final work product.

3. The Next Rembrandt

The Next Rembrandt, Image by Dutch Digital Design

“The Next Rembrandt” is another controversial AI artwork that was created
using data from Rembrandt’s complete body of work. The project, a
collaboration between ING Bank, Microsoft, and several Dutch museums, used
deep learning algorithms and facial recognition techniques to create a new
artwork in the style of the Dutch master. However, the project drew
criticism from some quarters, with critics arguing that it reduced
Rembrandt’s art to a mere set of stylistic quirks.

4. AICAN’s Artworks

AICAN’s Artworks

AICAN, an AI artist developed by researchers at Rutgers University, has
also created controversial artworks. In 2017, AICAN’s artworks were
exhibited at the Art Basel show in Miami, marking one of the first times
that AI-generated art had been exhibited at a major art fair. However, the
exhibition sparked debate about the nature of creativity and the role of AI
in art.

Conclusion

“The advent of AI in the art world has undoubtedly stirred controversy
and sparked important discussions about creativity, originality, and the
value of human talent. As AI continues to evolve, so too will the
discourse surrounding its role in art.”

Top FAQs

1. Is AI Art copyrightable?

In the United States, AI-generated art is legal, but it is crucial to avoid
infringing on a living artist’s style or work.

2. Can You monetize AI art without breaking the law?

In most jurisdictions, using AI art for both personal and commercial
purposes is deemed legal, provided that the work does not directly infringe
on another individual’s creation.

3. What are the legal implications of generative AI?

The legal implications of using generative AI are still unclear,
particularly in relation to copyright infringement, ownership of
AI-generated works, and unlicensed content in training data.

4. Why is AI art so dangerous?

On the content side of AI art, the images can be offensive or harmful, and
this danger is further exacerbated by the potential for AI deepfake
videos.

5. What are some controversial AI artworks?

Some controversial AI artworks include “Théâtre D’opéra Spatial,” by Jason
M. Allen and “Portrait of Edmond Belamy” which was sold at auction for
$432,000 in 2018.

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