In recent years, AI tools, applications, and uses have surpassed the traditional boundaries of creativity. Not only has AI enabled rapid innovation in fields such as healthcare and finance, but it has also reimagined the way humans consume, create and interact with art, music, or design.
This being said, AI-generated art has seemingly raised new ethical and legal questions regarding authorship, originality, and intellectual property. In this blog, we’ll explore the notion of AI art copyright, the potential for legal protection, whether AI art can be commercially sold, and UK-specific guidelines.
Where did AI art come from?
Undoubtedly, AI art rose to popularity in recent years; however, one of the first examples of this practice dates back to the 1960s with Harold Cohen’s AARON computer program which used algorithms to generate abstract compositions, drawings and paintings.
Since then, the capabilities of AI tools and applications have progressed immensely. AI systems such as DALL-E, Midjourney, and Stable Diffusion are currently pioneering this new wave of AI art. By leveraging human-led prompts, instructions, and creative directions, these models utilise a vast dataset of images to produce new visual content and digital art.
What counts as AI-generated Art?
By definition, AI art encompasses any form of art, including visual, audio, or musical content that is created or enhanced with AI tools. Starting with a simple idea, AI algorithms can create complex artworks that mimic the creative processes of humans.
Who is the owner of an AI art piece?
The debate of whether you can sell AI art or not begins with a question of ownership. Currently, AI models are not recognised as legal entities, and, therefore, they cannot hold any legal rights. However, who owns the rights to computer-generated artwork? Is it:
- The creator of the software?
- The user of the software who inputs the creative prompts?
- The individuals(s) who own the rights to the original image elements used when creating the new artwork.
As the true ownership rights to AI-generated artwork are still unclear, legal disputes in this area are equally confusing. In essence, the claim to AI artworks remains in a state of ambiguity.
Can you sell AI art commercially?
The question remains, can you sell AI art commercially? The answer depends on the policies set out in the software’s terms and conditions. Let’s consider one of the most popular AI tools, DALL-E2.
When creating AI artwork through DALL-E2, individuals…
- Own all of the prompts and uploads that are input into DALL-E
- Are assigned the full rights to use, re-sell, and commercialise the images they generate.
- May utilise AI-generated images for any business purposes, as long as it does not violate OpenAI’s content policy.
These terms and conditions apply to all images created with DALL-E2, regardless of whether the user created the images for free or used paid credits.
What copyright laws are used for AI art?
Copyright laws for AI vary in accordance with national legislation. In the UK, the Copyright, Designs and Patents Act 1988 (“CDPA”) states that computer-generated artwork can indeed benefit from copyright protection.
More specifically, the CDPA argues that the “author” of computer-generated art is the person who made the necessary arrangements to create the artwork i.e. the creator or provider of the prompts. Nonetheless, human involvement is necessary for copyright protection to apply.
Although there is some semblance of a legal framework for AI patentability in the UK, the evolution of AI art copyright continues to evolve. Legal disputes in this grey area must be judged individually and creators of AI-artwork must carefully assess potential liabilities.
If you have an original design that needs legal protection, contact us today to speak to a copyright professional.