Key Concepts
Generative AI, copyright infringement, fair use, web scraping, data mining, AI ethics, artist compensation, AI regulation, transformative art, originality, opt-out mechanisms, Glaze (anti-scraping software), AI-generated art copyright, model training data, artistic style ownership.
Jingna's Copyright Lawsuit and the Rise of Generative AI
In December 2023, the New York Times sued OpenAI for scraping millions of articles to train chatbots, setting a precedent for future legal battles. Fast fashion company Shein was also accused of using AI to copy designs. In 2017, Singaporean photographer Jingna Zhang created a photo that became the center of a copyright dispute when artist Jeff Dishberg created a painting, "Churandot," that closely resembled her work. Jingna sued Dishberg for copyright infringement in Luxembourg. Dishberg initially claimed fair use, arguing his work was transformative. The doctrine of fair use allows for copyright infringement in certain contexts if the new work significantly transforms the original. A key question is whether the new work is transformative enough to justify the copyright infringement. The Andy Warhol Foundation v. Goldsmith case, involving Warhol's silk screen of Lynn Goldsmith's photograph of Prince, examined the question of transformative use and market harm.
In December 2022, the Luxembourg court ruled against Jingna, stating her work lacked sufficient originality for copyright protection. The court argued that the pose was a classic one. Jingna appealed, facing online harassment and doxing.
The Generative AI Explosion and its Impact on Artists
The emergence of generative AI tools like DALL-E 2, Midjourney, and Stable Diffusion allowed users to create photorealistic images from text prompts. These AI programs were trained on vast amounts of data, including artists' works, leading to accusations of copying. Jingna discovered her work was being used in AI prompts, resulting in harassment and devaluation of her art.
A prompt is a sequence of words describing the desired image from the AI. Boris Eldagsen, a "promptographer," demonstrated how easily AI can generate images using Midjourney. He argued that style has no copyright, leaving artists vulnerable. Kelly McKernan, another artist, found her distinctive style being replicated by AI, causing distress and concern about the future of art.
By 2022, AI tools became mainstream, with over 15 billion images created on AI platforms. A database of over 16,000 artists was used to train these AI models.
Web Scraping and Data Mining
Web scrapers are used to collect data from the internet, including images, audio, and text, without user consent. Lion 5B, a large-scale image data set, was released for public use but was exploited by companies to train commercial AI systems. Concerns arose about the inclusion of questionable content, such as images of child sex abuse, in these data sets.
In 2023, Hollywood screenwriters and actors went on strike, raising concerns about AI's use in replacing their roles. Engineers from OpenAI and Google warned about the serious risks posed by AI, calling for stronger oversight and transparency.
Solutions and Initiatives
Have I Been Trained is a website that allows artists to check if their work is in AI training data sets and opt-out. However, it has limitations, as it cannot remove images from already trained models.
Jingna launched KA, a social media platform where artists' work is not opted-in for AI use by default. In 2024, Meta declared that all user content on Facebook and Instagram would be used to train AI, leading to an exodus of artists to KA.
Ben Zhao's lab developed Glaze, a software that adds a layer to artwork to confuse web scrapers and prevent AI from copying details. KA integrated Glaze into its platform.
The Source Plus is a marketplace where creatives can sell their data for AI training, ensuring consent and fair compensation.
Legal and Regulatory Developments
In 2023, China became the first country to recognize copyright in AI-generated art. In August 2024, the EU approved a legal framework to regulate AI, requiring AI-generated content to be identifiable.
Jingna won her appeal in May 2024, with the court ruling that her work was copied without consent. She joined a class-action lawsuit against AI companies for copyright infringement.
The Future of Art and AI
The debate continues over who owns AI-generated art and the impact of AI on the creative industry. Concerns remain about the loss of the human touch and the potential for AI to standardize expression and manipulate public opinion.
Boris Eldagsen submitted an AI-generated image to the Sony World Photography Awards to provoke discussion about AI in photography. Ishan Sharma, a business YouTuber, believes AI can accelerate work and creativity.
The video concludes by emphasizing the need for better communication and solutions to address the challenges posed by generative AI to artists and the creative industry.
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