AI Generated Art – Moral and Ethical Case For and Against AI?

Recent Court Ruling – No Copyright for AI Art

• In August 2022, a US court in Washington DC ruled AI art without human input cannot be copyrighted under US law.
• Copyright protection only available for works created by human beings, not AI.

History of Copyrighting New Creative Mediums

• In 1884, courts had to decide if photographs could be copyrighted.
• Some argued photos shouldn’t get copyright since cameras mechanically capture images.
• But the court said photos can be art if the photographer carefully composes the image.

Oscar Wilde Photo Case

• A photographer wanted to copyright his photo of Oscar Wilde in a carefully staged pose.
• The court agreed the unique setup meant the photo could be copyrighted.

Applying Past Precedents to AI Art Today

• Could a human carefully “staging” a prompt to create AI art allow it to be copyrighted?
• Whose creativity matters more – the AI trained on lots of art or the human prompt?

Widespread Availability of AI Art Models

• Models like Midjourney and DALL-E are free/cheap and available to the masses.
• This is because they still rely on human creativity to make interesting art.
• So should art made after much creative prompting be copyrightable?

Use of Real People’s Images

• Ethical issues around AI art based on images of living artists or celebrities.
• Laws may protect public figures from unauthorized commercial use.
• Hard to police AI art using a person’s likeness without permission.

International Standardized Law Needed

• Different countries have different laws around AI copyright.
• Hard to enforce copyright globally without unified regulations.

Closing Thoughts

• Humans need a way to translate mental images into physical art.
• AI asssistants like Midjourney help bridge that gap.
• Complex issues around copyright and ethics remain unsettled.