Artificial Intelligence: Who Really Owns the Generated Illustrations?

Neural Networks in the US: Actors' Protests
Neural Networks and Copyright in the US, Europe, Asia, Russia
Prohibitions for Artificial Intelligence
Will Neurodesigners Be Discriminated Against Compared to Their Colleagues Working Without AI?
Can an Artist Selling AI-Generated Images Be Sued?
Neural Networks That Are Safe for Commercial Use of Images

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The proliferation of neural networks is significantly impacting not only the media industry but also legal regulations. Neural networks are capable of generating images, videos, and texts, and their quality improves with each update. Society is actively discussing these changes, and the legal aspects of products created in collaboration with neural networks are becoming increasingly relevant. It is important to understand how laws are adapting to new technologies and how they will regulate copyright, liability for content, and ethical standards in this rapidly developing field.

The issue of ownership of generated images is generating much discussion. The main debate centers on who owns the results of artificial intelligence: the prompt authors who set the parameters for generation, or the algorithm developers who created the technology. This issue concerns not only legal aspects but also ethical questions related to authorship and creativity.

On the one hand, prompt authors may claim that their ideas and creative approach are the basis for producing unique images. On the other hand, AI developers invest resources and time into creating algorithms capable of generating such works and may have rights to the results of their work.

In a rapidly evolving technology, it is important to develop clear rules and regulations to help define the rights to such images. This will protect the interests of all participants in the process and ensure a fair distribution of intellectual property rights.

Art by Alexander Nanitchkov, creator of the artists' protest logo Image: Alexander Nanitchkov / Artstation

Neural Networks in the US: Actors Protest

The largest Writers Guild strike in the US in 60 years, which also included actors and other film industry representatives, occurred in large part due to the growing use of artificial intelligence. Film workers are demanding protection of their rights in an environment where technology is beginning to influence the creative process and replace human labor. This situation raises important questions about the future of the film industry and the role of AI in content creation.

The guild expresses concern about the emergence of digital copies of actors. This situation could lead to supporting actors losing their jobs, as employers may prefer to generate images using AI. Digital characters created by artificial intelligence do not provide advertising revenue or royalties, which threatens the financial interests of actors and the entire industry. It's important to pay attention to these changes and protect performers' rights in the face of rapidly advancing technology.

Protesters are expressing discontent over the "unauthorized use of their images." Modern neural networks allow not only the use of actors' images but also the complete alteration of their roles, creating new scenes for which the actors did not consent. Therefore, actors are demanding approval for any changes to their characters. This raises important questions about the right to control one's image and the protection of intellectual property in the digital age.

Radio Man and Jessica Lange at a protest march in New York Photo: Jose Perez / Bauer-Griffin / GC Images / Getty Images

Working with extras and extras has its challenges. Their likenesses can be scanned and used without prior approval in various projects and products. However, in this case, the artists are paid only for one working day – the day when the scans required to generate the images using neural networks were conducted. This creates additional challenges for both performers and producers, as issues of authorship and compensation become relevant in the context of the use of machine learning technologies in the entertainment industry.

Trade unions have still not reached an agreement on the use of actors' likenesses. Obviously, such exploitation allows producers to save time and money.

Neural networks are having a negative impact on supporting actors, leading to the loss of jobs and hope for the future. It is becoming increasingly difficult for actors to land small but memorable bit parts, which hinders their ability to attract the attention of producers and receive new film offers. With the rapid development of streaming services, the content production process has significantly accelerated, and the use of neural networks continues to displace human labor in this area.

There is currently no legal protection for actors' images for commercial purposes. This means that their images can be used without permission on commercial platforms, which creates certain risks for both the performers themselves and the companies using their images. It's important to remember that the lack of legal protection can lead to abuse and unauthorized use. Actors and their representatives must be mindful of copyright issues to protect their interests in this area.

Screenwriters have achieved significant success during protests in the United States. They were able to agree that written materials generated by artificial intelligence will not affect their salaries and copyrights. This agreement was an important step in protecting the interests of screenwriters and their creative rights in an era when technology is actively being introduced into the creative process.

Neural Networks and Copyright in the US, Europe, Asia, and Russia

The future is already here: human rights and neural network specialists have begun using artificial intelligence to prepare legal documents. In the US, a federal judge in Texas introduced a new rule requiring every attorney filing legal documents to submit a separate document certifying that no part of the submitted material was created using artificial intelligence. Similar requirements have not yet been established in other courts across the country, but lawyers are actively using neural networks in their practice. This raises important questions about the role of AI in the legal field and the need to adhere to ethical standards when using technology.

Establishing copyright in works created using various technologies is a more complex task. Traditionally, copyright in such works was not in question, as programs were viewed merely as tools that supported the creative process of the human author. However, with the development of technology and the advent of artificial intelligence, there is a need to reconsider these approaches and determine who exactly is the author in cases where a significant part of the creative process is performed by automated systems.

Image: Midjourney / Discord

A pen, paint, and Grasshopper are not copyrightable. However, in 2023, the situation has changed. Neural networks have become capable of making decisions independently, and their designs are highly variable. The interaction between a designer and a neural network now resembles a full-fledged collaboration, where the designer acts as a creator, and the neural network as an executor. This new direction in design opens up opportunities for innovative solutions and a creative approach, making the process more dynamic and productive.

The laws of many countries do not take into account that copyright may not apply to works created not by humans, but by artificial intelligence. The problem associated with copyright in works created by AI did not exist before the advent of such technologies. In the United States, for example, the Copyright Office has indicated that registration of original copyrighted works is possible only if they were created by a human. This position is based on case law, such as Feist Publications v. Rural Telephone Service Company (499 US 340, 1991), which emphasizes that copyright law only protects intellectual property created using human creativity. Thus, there is a need to revise existing rules and regulations in light of technological developments and their impact on copyright law.

There is a significant problem: humans have been successfully interacting with artificial intelligence for several years. People create designs, make films, compose music, develop logos, and prepare presentations. This emphasizes that the "human mind" is actively collaborating with AI, opening new horizons in creativity and innovation. The synergy between humans and artificial intelligence is becoming the basis for the creation of unique and high-quality products, confirming the importance of this collaboration in modern society.

The advertising campaign for the glasses brand was generated in Midjourney. The Design Army agency has stated this openly. Image: Georgetown Optician / Design Army

In the United States, a legal position has been adopted according to which prompts used to generate images belong to their authors and are protected by copyright. At the same time, images created based on these text queries are not subject to copyright. This decision highlights the importance of legal aspects related to intellectual property in the field of technology and artificial intelligence. With the growing influence of AI on the creative industries, such norms are becoming increasingly relevant, defining the boundaries of copyright and the rights of users to created content.

Responsibility for the creation of works is divided between humans and machines. In February 2023, the Copyright Office concluded that the graphic novel "Zarya of the Dawn", created by Chris Kashtanova using the Midjourney neural network, is a copyrighted work. However, individual images used in the novel do not belong to the author. This precedent raises important questions about the legal status of works created with the help of artificial intelligence and how copyright can adapt to new technologies.

The creator, who wrote a novella and made images using AI, was unable to register copyright copyright. The agency responded that the images in the comic "are not the product of human authorship." Image: Kristina Kashtanova / Aicomicbooks

An interesting paradox is that a design generated by artificial intelligence without human involvement cannot be protected by copyright under US law. This raises important questions about the legal protection of creative works created using new technologies. Given the rapid development of AI and its ability to generate original works, it is necessary to review existing copyright regulations and adapt them to modern conditions. Otherwise, we risk missing the opportunity to protect intellectual property created using innovative approaches.

An Australian court has ruled that works created using neural networks are not eligible for copyright protection because they are not human-created. This means that such images are legally considered "public domain" and cannot be used for profit. This decision raises important questions about the legal aspects of using artificial intelligence in creative work and its impact on copyright. Companies and individual creators must consider these nuances when working with neural networks to avoid legal consequences and ensure compliance with intellectual property laws.

In Europe, the situation is the opposite: courts recognize that generated images belong to the author, ignoring the role of artificial intelligence in their creation. Courts have repeatedly emphasized that copyright only protects original works, which is important for the creative industries and the protection of authors' rights. This provision creates a legal basis for protecting the interests of artists and designers working with new technologies.

A work of art is often seen as a reflection of the individuality of its creator, which emphasizes the importance of having a unique personality. A person is able to claim authorship, while artificial intelligence does not have this ability. The originality of a work must demonstrate "the author's own intellectual creativity," which is an important aspect within the framework of copyright and intellectual property protection.

Midjourney has a /blend command: it can be used to combine different images into one and get a new image, but it is not a collage. Establishing copyright is another conflict. Image: Midjourney / Galatea1201 / Discord

In India, Ireland, New Zealand, and the United Kingdom, full copyright transfer to creators of proposals is practiced. This practice ensures the protection of intellectual property and promotes the development of creative industries in these countries. Proper copyright registration allows creators to confidently use their ideas and developments, protecting them from unauthorized use.

In the legal framework of the Russian Federation, copyright and its protection belong exclusively to individuals. According to paragraph 1 of Article 1228 of the Civil Code of the Russian Federation, the author of the result of intellectual activity is a citizen who created this result as a result of creative work. This definition emphasizes the importance of the author's personality in the process of creating intellectual property and enshrines their rights to protect their works. It is important to note that only a person can be recognized as an author, which rules out the possibility of transferring copyright to legal entities without the participation of individuals.

In China, the copyright issue clearly supports the interests of individuals. However, the official government statement emphasizes that content created using generative artificial intelligence must comply with the country's core socialist values. This emphasizes the importance of adhering to cultural and ideological norms in the field of digital content produced using new technologies.

The development of neural networks must be consistent with socialist ideals, and artificial intelligence should not seek to overthrow the government. It is important that technologies be used for the benefit of society, promoting justice and equality. Regulatory frameworks must be created that ensure the ethical and safe use of artificial intelligence, preventing its potential negative impact on social structures and power.

In the modern world, legal norms in various countries strive to adapt to new conditions. Nevertheless, the use of artificial intelligence still remains in a gray area of legal regulation. This creates uncertainty for both technology developers and users, who face questions of legal liability and ethics. It is important that laws accommodate the rapid development of AI and provide clear frameworks for its use to avoid legal conflicts and protect the interests of all parties.

Restrictions on Artificial Intelligence

Numerous people are filing lawsuits against OpenAI, claiming that its neural networks were trained on copyrighted materials without the authors' permission. This raises serious questions about the legality of using protected works and the consequences for authors and copyright holders. Disputes surrounding the use of intellectual property in training artificial intelligence are becoming increasingly pressing, highlighting the need to develop new norms and regulations in this area.

Artists from the large ArtStation group are protesting the use of works created with Midjourney in their portfolios. They believe such images do not reflect individual creativity and violate copyright. This statement raises important questions about the legality of using artificial intelligence in art and how it may impact the future of creative professions. This debate is becoming increasingly pressing as technology continues to evolve and impact traditional methods of art creation.

Veronika Kozlova's art versus neural networks: one of the main problems with AI was the implausible depiction of hands. Image: Veronika Kozlova / ArtStation

Thousands of artists are calling for a ban on the use of works created using artificial intelligence. They believe that AI cannot replace the creative process and originality of human art. This is causing serious controversy in the creative community, as many believe that such technologies can threaten copyright and intellectual property. Artists insist on the need to protect their rights and create clear frameworks for the use of AI in art.

Major media players, such as Shutterstock and Getty Images, have decided to ban the posting of works created using neural networks. This decision is not due to protests from artists and designers, but to unclear copyright issues. The copyright situation in the context of the use of neural networks remains complex and requires clear regulation.

The track "Heart on My Sleeve", created using a neural network and featuring the voices of Drake and The Weeknd, did not receive recognition at the Grammy Awards. The awards' chairman, Harvey Mason, emphasized that the prizes will not be awarded to works created by artificial intelligence. This statement highlights the growing debate about the role of AI in the music industry and its impact on copyright and creativity.

Will neurodesigners be discriminated against compared to their non-AI colleagues?

Search engines currently lack the ability to distinguish between generated and real images. However, this is about to change. Google has developed a new tool called SynthID, which is designed to identify images created by artificial intelligence. This tool will implement an invisible watermark, allowing such images to be labeled as generated. This innovation could significantly impact SEO and the treatment of visual content, ensuring more transparent use of images online.

Are major search engines influencing neurodesign and neuroart? It's possible that new ranking and labeling rules could significantly reduce the visibility of AI-generated content in the future. However, this remains speculative for now. Designers, artists, and brands could potentially face lawsuits for using neural networks without copyright. It is important to consider these risks and monitor changes in legislation and search engine rules to avoid negative consequences for your creativity and business.

AI is often used to create visual content for social networks - both their own and corporate ones. Image: Sausage Destroyer / Discord

Can an artist selling AI-generated images be sued?

Currently, it is very difficult to definitively determine whether an image was created by a human or by a neural network, especially if the designer has made significant modifications to the image. However, with the advent of the SynthID tool, this situation may change. This tool promises to improve the ability to identify the source of an image, opening new horizons in the field of digital security and copyright. With its help, users will be able to more accurately determine whether content is original or generated, which is important for both professional designers and the general public.

Legal liability in the commercial use of artificial intelligence is largely determined by the terms set out in the user agreements of the platforms. These agreements clearly regulate the rights and obligations of the parties, as well as the potential consequences for violating the terms of use. It is important to carefully review these agreements to understand the risks that may arise when using AI technologies in business.

Image: Mayshusha / Discord

Neural Networks That Are Safe to Use for Commercial Image Use

The Midjourney neural network allows non-commercial use of images for users with a free subscription. With a paid subscription, users receive full rights to their illustrations and can use them as they see fit. However, it is important to note that Midjourney reserves the right to unlimited use of the images you create for any purpose.

The Dreamlike neural network has no stated rules regarding commercial use, meaning artists can use AI-generated images for sale.
The PlaygroundAI neural network officially permits the use of generated images, including for commercial purposes. The neural network is free.
BlueWillow also permits the commercial use of illustrations in both the free and paid versions. In the free version, your images and prompts will belong to the neural network, while in the paid version, BlueWillow will not have any rights to use resources created using their generation services.
The Mage neural network's user agreement even states: "Feel free to use images from Mage and the Mage Discord service for any purpose, including commercial ones." The AI provides its services free of charge.
Commercial use of the Craiyon neural network is also permitted, provided attribution is provided: a small company logo on your generated image is sufficient.

Case law on the use of artificial intelligence (AI) in various countries has not yet been established, but there are general recommendations. A paid subscription to platforms using AI provides artists with expanded rights. It is also important to carefully study the terms of the user agreement, as they can significantly affect the rights and obligations of the parties.

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