Ethical Issues and Copyright Ownership in AI-Generated Visual Art

(“Wings of Angels and Poets” header art co-created by Aberjhani ©2023 and DALL-E)

​Introduction

The intersection of creativity, artificial intelligence (AI), and copyright ownership raises intriguing philosophical questions for professional creative visual artists. As AI technology advances, some artists are utilizing generative algorithms to create or augment images based on their original concepts, blurring the lines between human and machine creativity.
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This essay explores three key points of consideration regarding the ethical implications of professional artists claiming copyright ownership over AI-generated images created from their conceptual prompts. Additionally, we will delve into how AI, as a non-human entity, might stake a percentage claim to copyright ownership.

I. Creative Authorship and Conceptual Prompts

​At the heart of the ethical debate lies the question of creative authorship. Artists conceive and develop unique concepts, serving as the catalyst for subsequent generative AI image creation. Critics argue that the conceptual prompts are the true intellectual property, as they reflect the artist's originality and ingenuity. However, others contend that the AI's role in transforming these prompts into visually stunning works cannot be disregarded.

​From an ethical standpoint, artists should maintain ownership of the concepts they originated, as these ideas stem from their individual creative process. Yet, when these prompts are handed over to AI algorithms to generate the final image, the extent of human involvement diminishes. The ethical stance varies depending on whether the artist merely uses AI as a tool to refine their vision or whether the AI becomes an active participant in shaping the final outcome.

II. The Role of AI as a Creative Partner

("Angelicus AI and the Woman in the Mirror Number 1" is a digital painting by Aberjhani composed of mixed-media elements, including one early-process basic AI contribution. To learn more or purchase this art or other artwork by Aberjhani please click the image.)

​The ethical debate deepens when considering AI's role as a creative partner. Critics argue that AI lacks consciousness, emotions, and intentionality – key aspects that define human creativity. Consequently, AI cannot claim true authorship. However, proponents of AI-generated art contend that AI's ability to explore countless permutations and generate novel visual e xpressions contr ibutes significantly to the final artwork's uniqueness.
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In the context of copyright ownership, one could argue that the AI's contribution to the creative process, while devoid of human-like consciousness, still warrants acknowledgment and a share of ownership. A potential solution might involve recognizing AI as a collaborator, entitling it to a percentage claim based on the extent of its contribution. This approach acknowledges AI's influence while maintaining the primacy of the artist's original concept.

III. Transformative Nature of AI-Generated Art

​The transformative nature of AI-generated art complicates the ethical considerations. When artists employ AI to produce images that depart significantly from their original prompts, questions arise about the degree of transformation required to establish a new creative work. If the AI's output strays substantially from the initial concept, it could be viewed as an independent creation, warranting separate copyright protection.

​To address this, a framework could be established to determine the threshold of transformation needed for AI-generated art to be considered distinct from its original prompt. If the transformation is significant enough, the AI's claim to copyright ownership could be more substantial. Conversely, if the transformation is minimal, the artist's claim would prevail.

Conclusion

The ethical considerations surrounding copyright ownership in AI-generated visual art stem from the intricate interplay between human creativity and machine ingenuity. Artists' conceptual prompts undoubtedly hold intrinsic value, yet the transformative capabilities of AI introduce a new dimension of creative partnership. While AI lacks human consciousness, its influence on the final artwork cannot be denied.

A balanced approach involves acknowledging artists' ownership of their original concepts while recognizing AI as a creative contributor. Establishing guidelines for determining the degree of AI's influence on the final work could provide a framework for addressing copyright ownership. As AI technology evolves, the dialogue on ethics, authorship, and copyright will continue to shape the dynamic relationship between human artists and their machine counterparts.
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ChatGPT Column Contributor 8101
Special to Literary Chat Salon Launch 2023