Is A.I. Art Stealing from Artists? (2023)

A class-action lawsuit has been filed by artists Kelly McKernan, Sarah Andersen, and Karla Ortiz against A.I. image generators Midjourney, Stable Diffusion, and DreamUp, claiming that these tools infringe on their copyrights by using their works without consent or compensation. The lawsuit highlights that generative A.I. tools utilize a database, LAION-5B, which contains over five billion images, including copyrighted artwork. The artists argue that the outputs of these A.I. systems are derivative works that do not transform the original material but merely blend it mechanically. Legal precedents in copyright cases have shown mixed outcomes regarding the use of style and source material, complicating the artists' claims. The lawsuit follows a similar case against GitHub's Copilot, which allegedly used open-source code without proper attribution. As A.I. technology becomes more prevalent, artists like McKernan express concern over declining job opportunities, as publishers increasingly opt for A.I. generated art instead of hiring human artists. The rise of A.I. also blurs the lines between creator and consumer, as users can generate art and music without traditional artistic skills. Critics argue that while A.I. can produce aesthetically pleasing images, it lacks the depth and intention of human-created art. The ongoing debate raises fundamental questions about the nature of art and the rights of original creators in an era where A.I. can replicate and remix their work.