Generative AI Certificate Q&A: Violate copyright protection when using AI-generated artwork?

Question

You use a new text-to-image generating service to create a beautiful artistic landscape. You submit your artwork for an AI-generated artistic award and win third place. The news media picks up the story and uses your image in online articles without any compensation or attribution.

Did they violate your copyright protection?

A. Yes, but you’ll have to split the copyright proceeds and attribution with the AI system.
B. Yes, your image and the prompt engineering phrase can be protected by copyright.
C. No, they didn’t violate your copyright protection, but they did violate the system’s.
D. No, because currently AI-generated images can’t be protected by copyright.

Answer

B. Yes, your image and the prompt engineering phrase can be protected by copyright.

Explanation

The answer is B.

The U.S. Copyright Office has taken the position that AI generated images themselves are not entitled to copyright protection, as they are not the product of human authorship and therefore do not meet the definition of original. However, the prompt engineering phrase that you used to create the image is likely to be considered an original work of authorship, and therefore could be protected by copyright.

In this case, the news media used your image without your permission or attribution. This could be considered copyright infringement, as you own the copyright to the prompt engineering phrase. However, it is possible that the news media could argue that they were using your image for news reporting purposes, which is a fair use exception to copyright infringement.

If you wanted to pursue legal action against the news media, you would need to prove that your prompt engineering phrase was original and creative, and that the news media’s use of your image was not a fair use.

Here is a more detailed explanation of the answer:

• AI-generated images are not currently protected by copyright. The U.S. Copyright Office has taken the position that AI generated images themselves are not entitled to copyright protection, as they are not the product of human authorship and therefore do not meet the definition of original. This is because copyright law requires that a work be “original” in order to be protected. Originality means that the work must be the product of the author’s own creative labors, and that it must not be copied from another work.
• The prompt engineering phrase could be protected by copyright. The prompt engineering phrase that you used to create the image is likely to be considered an original work of authorship, and therefore could be protected by copyright. This is because the prompt engineering phrase is the product of your own creative labors, and it is not copied from another work.
• The news media’s use of your image could be considered copyright infringement. The news media used your image without your permission or attribution. This could be considered copyright infringement, as you own the copyright to the prompt engineering phrase. However, it is possible that the news media could argue that they were using your image for news reporting purposes, which is a fair use exception to copyright infringement.
• You would need to prove that your prompt engineering phrase was original and creative. If you wanted to pursue legal action against the news media, you would need to prove that your prompt engineering phrase was original and creative. This would be a difficult task, as the Copyright Office has not yet issued any guidelines on how to determine whether an AI-generated image is original.
• The news media could argue that their use of your image was a fair use. The news media could argue that their use of your image was a fair use, as they were using it for news reporting purposes. Fair use is a legal doctrine that allows for the limited use of copyrighted material without permission from the copyright holder. In order to qualify as a fair use, the use of the copyrighted material must be for a limited and transformative purpose.

In conclusion, the answer to the question is B. Your image and the prompt engineering phrase can be protected by copyright, but the news media’s use of your image could be considered a fair use.

Reference

• AI-Generated Images and Copyright Law (jamoimages.com)
• AI Image Generator: Create Images from Text for Free (kapwing.com)
• Copyright of AI-generated images – Example of MidJourney & DALL-E (deep-image.ai)
• Are A.I. Image Generators Violating Copyright Laws? | Smart News| Smithsonian Magazine
• AI and Copyright Law: What We Know | Built In
• How Artificial Intelligence and Copyright Would Work | CCC
• Copyright Law and Artificial Intelligence | SpringerLink
• Copyright and Artificial Creation: Does EU Copyright Law Protect AI-Assisted Output? | SpringerLink
• Copyright protection for AI-created work? | Global law firm | Norton Rose Fulbright
• Artificial Intelligence and Creativity: Why We’re Against Copyright Protection for AI-Generated Output – Creative Commons
• Generative AI Has an Intellectual Property Problem (hbr.org)
• Can Works by AI Art or Text Generators be Copyrighted? – ARTnews.com
• New US copyright rules protect only AI art with ‘human authorship’ (theartnewspaper.com)
• AI-created images lose U.S. copyrights in test for new technology | Reuters
• AI-generated images from text can’t be copyrighted, US government rules | Engadget
• AI image generator copyright infringement | Gowling WLG

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