Judy Wang and Nicol Turner Lee , Brookings; AI and the visual arts: The case for copyright protection
"Looking ahead
As AI-generated art continues to reshape the creative landscape, the legal and economic challenges surrounding copyright, authorship, and enforcement will only grow more complex. Ongoing lawsuits, reactions from artists, and market shifts highlight the struggle to define human authorship and protect artists’ rights in an era where AI-generated works hold significant commercial value, but lack clear copyright protections. With increasing pressure on legislative and regulatory bodies to address these issues, the future of AI-generated art will depend on policies that balance innovation with fair compensation and safeguards for human creativity.
While we await the final part of the Copyright Office’s report, which will determine the legal implications of training AI on copyrighted data, the more pressing determinant of fair use in GenAI training may come from the courts. Yet, regardless of the outcome, the Copyright Office should transcend its passive regulatory guidance and actively develop new mechanisms to distinguish human-authored elements from AI-generated ones to enforce its present guidance. In addition, the office must think creatively about flexible frameworks that can account for future, more nuanced and complex modes of collaboration between human and GenAI systems. This may require stronger disclosure requirements, improved detection methods, and a reexamination of what constitutes meaningful human authorship in an increasing AI-involved creative process.
Further, artists, tech companies, and policymakers must be brought to the table to ensure copyright law reflects the newest collaborations in AI and art, protects human creativity, and accommodates technological progress. Without safeguards, the rapid influx of AI into the art market could lead to a systemic devaluation of human original authorship and growing precarity in the creative field. The future of AI-generated art hinges on such governance. "