In a relatively short amount of time, artificial intelligence (AI) software has upended several sectors of the creative economy. The ease of access to user-friendly software has led to millions of people trying out different forms of AI software for a variety of purposes. There has already been a dramatic writer’s strike addressing AI writing for entertainment purposes. The strike also triggered discussions about the impact of AI-generated images on actors and other celebrities. Inevitably, as AI improves, the impact it has on people in different professions will only increase.
Some people may discover new economic opportunities because of AI. Others may discover that AI has potentially violated their intellectual property rights. For example, art-generating AI can now create images in the style of artists who are still alive and producing original works. The possibility exists for the use of certain art styles to trigger intellectual property litigation.
AI is too new for much legal precedent
Both those concerned about AI infringement and those hoping that AI might give them a competitive edge will want to follow legal developments in this area closely. Currently, there is very little legal precedent dealing with AI and creative works, but that will undoubtedly change. The conversation about the technology is very heated, especially in cases where people train the software using the works of specific artists.
As more artists discover derivative works based on their distinct and unique styles, there may be more formal pushback from those who create fine art. There could be lawsuits targeting companies or even successful individuals who produce and publish works that capitalize on someone else’s style. Lawsuits against companies training AI with copyrighted works or allowing others to use AI to mimic individual artists’ styles could also eventually establish crucial precedent in this area.
The more obvious the infringement becomes, such as when people use prompts based on a specific artist’s style, the greater the likelihood that certain types of AI creations might run afoul of certain intellectual property rights. Creators will want to continue tracking derivative works based on their own original works online. Businesses seeking to capitalize off of AI-generated art may also want to tread carefully until there are clear standards.
Identifying and learning more about gray areas in intellectual property law can benefit both those seeking to enforce their intellectual property rights and those hoping to avoid violating the rights of others. Seeking legal guidance proactively, therefore, is wise for many.