What’s the Real Deal between AI Art & IP?; The Michelson Institute for Intellectual Property, February 22, 2023

Executive Editor: David Orozco, J.D., Bank of America Professor at Florida State University & Editor-in-Chief at American Business Law Journal, The Michelson Institute for Intellectual Property ; What’s the Real Deal between AI Art & IP?

"Can Creatives Fight Back Using IP? 

Artists and creatives may use U.S. copyright law to protect their works from unauthorized use or infringement, including works generated by AI. However, the exact extent of protection will depend on the specific circumstances of the case and the application of relevant legal principles, such as fair use and the doctrine of originality.

For instance, if an AI-generated work is deemed to be a “derivative work” based on the original creative work of an artist, the artist may have the right to control the use and distribution of that derivative work. On the other hand, if the AI-generated work is considered a “transformative” use of the original work, it may qualify for protection under the doctrine of fair use, which would allow it to be used without permission from the original artist."