CRAIG BOEHMAN, Make Use Of; Can You Copyright a Photograph of Your AI Art?
"So you've created an AI-generated artwork. You've used only prompts. And by law, you can't copyright it, so what do you do?
You take a picture of it!
By taking a picture of the work, not only do you own the copyright of the photo, but you also enjoy all the other protections of copyright, including the right to use your photo commercially."
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."
Thuan Tran, Dunlap Bennett & Ludwig PLLC via JDSupra; Do Androids Dream Of Copyright Registration? – AI Art And Copyright, Part 1
"Two big questions arise when considering AI art: 1) Can AI art be copyrighted; and 2) What about the artists who are having their art “sampled” (though some prefer “stolen”) to supply the data for these diffusion models?
The article today focuses on the first question."
CHRIS WILLIAMS, Above The Law; Imitation Is The Best Form Of Flattery. Flattery Is Not A Defense To Copyright Infringement.
"Unless you’ve been living under a law library, it would be hard to not take note of the rapid influx of AI art. Face modifying apps, extended shots of events and people that never happened that uncanny only begins to explain their weirdness, you name it. The figure of AI as artist has arrived, but is any of it legal? A small group of artists aim to find out."
Winston Cho, The Hollywood Reporter; AI Art Generators Spark Multiple Copyright Lawsuits
"Whether AI programs, built on models that analyze the patterns of copyrighted works, violate the intellectual property rights of artists is up in the air. Engineers build AI art generators by feeding algorithms large databases of images downloaded from the internet without licenses. The artists’ suit asks whether the AI firms infringed on the copyrights of artists by using copyrighted works to train AI tools and when consumers used the art generators to create new works. It also asks whether the conduct is protected under fair use, which allows for use of protected works without permission as long as they are transformative."
BRIAN CRONIN, CBR ; DeviantArt, Midjourney Face Lawsuit for Using 'Billions of Copyrighted' Images in AI Art
"A lawsuit on behalf of a group of plaintiff artists has been filed in the United States District Court for the Northern District of California against three companies: Stability AI, DeviantArt, and Midjourney, over the alleged infringement of the copyright of the artists in the creation of so-called "artificial intelligence" art."
BRIAN CRONIN, CBR; AI-Created Comic Has Been Deemed Ineligible for Copyright Protection
"The United States Copyright Office (USCO) reversed an earlier decision to grant a copyright to a comic book that was created using "A.I. art," and announced that the copyright protection on the comic book will be revoked, stating that copyrighted works must be created by humans to gain official copyright protection.
In September, Kris Kashtanova announced that they had received a U.S. copyright on his comic book, Zarya of the Dawn, a comic book inspired by their late grandmother that she created with the text-to-image engine Midjourney. Kashtanova referred to herself as a "prompt engineer" and explained at the time that she went to get the copyright so that she could “make a case that we do own copyright when we make something using AI.”"
Luke Plunkett , Kotaku; AI Creating 'Art' Is An Ethical And Copyright Nightmare
If a machine makes art, is it even art? And what does this mean for actual artists?
"Basically, we now live in a world where machines have been fed millions upon millions of pieces of human endeavour, and are now using the cumulative data they’ve amassed to create their own works. This has been fun for casual users and interesting for tech enthusiasts, sure, but it has also created an ethical and copyright black hole, where everyone from artists to lawyers to engineers has very strong opinions on what this all means, for their jobs and for the nature of art itself."
