Art Law Columnist Alexander Herman Examines AI Copyright Challenges and Getty-OpenAI Licensing Deal
In a recent piece for the Art Law Corner, Alexander Herman, who leads the Institute of Art and Law, examines the intersection of art and artificial intelligence (AI). He highlights the concerns of artists regarding AI's unauthorized use of their creations, which has resulted in intellectual property disputes. Creators find it difficult to establish copyright violations, particularly since AI training frequently occurs in the US or China. Various professionals, including photographers, writers, musicians, and designers, are threatened by content generated by AI. Herman ponders whether traditional visual arts might be supplanted, suggesting that AI-created artworks may fail to appeal to serious collectors. He references licensing agreements, such as those between Getty Images and OpenAI, and anticipates further collaborations from artists' copyright organizations like DACS, ADAGP, and ARS, which could yield royalties. He remains optimistic about the future of artistic creativity.
Key facts
- Alexander Herman is the director of the Institute of Art and Law and writes the Art Law Corner column.
- Artists have objected to their work being scraped without consent by AI models and have resorted to intellectual property law.
- Proving copyright infringement is difficult because it is hard to know if a specific work trained a model and whether training constitutes copying.
- Most AI training occurs in the US or China, complicating jurisdiction for aggrieved creators.
- Photographers, writers, musicians, and designers face acute threats as AI can generate screenplays, songs, logos, and illustrations.
- Getty Images struck a deal with OpenAI to allow ChatGPT to include licensed Getty images.
- Emily Gould, an AI expert at the Institute of Art and Law, predicts such licensing deals will multiply.
- Artists' copyright societies like DACS (UK), ADAGP (France), and ARS (US) may enter similar agreements to generate royalties.
Entities
Artists
- Alexander Herman
- Anselm Kiefer
- Kara Walker
- Vincent van Gogh
- Emily Gould
Institutions
- Art Law Corner
- Institute of Art and Law
- Getty Images
- OpenAI
- ChatGPT
- DACS
- ADAGP
- ARS
Locations
- US
- China
- UK
- France