Artistic Expressions, Generative AI, and Legal Tapestry: Exploring the Dynamics of Copyright Laws in the Confluence of AI and Artistic Creation

Artistic Expressions, Generative AI, and Legal Tapestry: Exploring the Dynamics of Copyright Laws in the Confluence of AI and Artistic Creation

Anuttama Ghose, S. M. Aamir Ali, Aayush Mayank Mishra
Copyright: © 2024 |Pages: 17
DOI: 10.4018/979-8-3693-1950-5.ch011
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Abstract

This study delves into the transformative impact of generative artificial intelligence (AI) on creative production, exploring the collaborative efforts of artists and cutting-edge technology. The convergence of human ingenuity and AI in artistic expression expands creative boundaries but introduces complex intellectual property (IP) challenges. Examining beyond visual art, the study reveals the intricate engagement between humans and advanced algorithms, offering a unique perspective on the creative process. The intersection of AI and creativity raises critical copyright concerns, challenging traditional concepts of authorship and infringement. Addressing the global scope of AI-generated art, the study advocates for a unified framework to navigate legal complexities and ensure ethical considerations in the evolving landscape of creative technology.
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1. Introduction

A revolutionary change is taking place in the dynamic field of creative production as artists work together with cutting-edge technology, most notably via the use of generative artificial intelligence (AI) tools for the creation of art. The convergence of human inventiveness and artificial intelligence not only broadens the scope of creative representation but also presents complex issues pertaining to intellectual property (IP) entitlements. As artists explore the domain of generative artificial intelligence (AI), the scope of creative expression extends beyond conventional artistic materials, incorporating the intangible worlds of algorithms and pixels (Somaya & Varshney, 2020). This study examines beyond the simple act of creating visual art as it goes into the complexities of human engagement with sophisticated algorithms (Dollens, 2014). It provides a unique perspective from which to understand and interpret the process of creativity. Artistic collaborations with the very structure of artificial intelligence produce everything from awe-inspiring visual compositions generated spontaneously to algorithms that are intentionally manipulated to elicit particular emotions (Jackson, 2017). The research methodology utilized in this work is distinguished by its comprehensive nature, as it will integrate legal analysis, case studies, and an exhaustive literature review. The legal analysis component entails a comprehensive scrutiny of domestic and international intellectual property legislation presently in effect with respect to art generated by artificial intelligence. This research further conducts an examination of copyright regulations, fair use doctrines, and the legal structures that regulate proprietorship and authorship in artificial intelligence-related creative works. Furthermore, this chapter will incorporate case studies to illustrate and offer insights into the practical difficulties encountered by legal practitioners, artists, and AI developers as they navigate the complex relationship between artificial intelligence and artistic expression.

This study is highly relevant and significant in today's society for a variety of reasons. As AI technology continues to progress, it is becoming more and more involved in the production of original artworks. This presents a unique challenge to the traditional concepts of authorship and ownership. This study offers valuable insights into the intricate legal aspects surrounding AI-generated art. It delves into crucial inquiries concerning copyright protection, attribution, and the rights of both creators and users. Furthermore, in a time characterized by swift technological advancements and the shift towards digitalization, it is crucial for policymakers, legal experts, artists, and individuals involved in the creative sectors to grasp the significance of AI's impact on intellectual property laws. This study provides valuable guidance for navigating the evolving landscape of copyright in the digital age, fostering informed decision-making and ensuring the fair and equitable treatment of creators and consumers alike. It examines the intersection of AI and artistic creation, offering insights from a legal perspective. In the end, the study's findings help us gain a deeper understanding of the complex connection between technology, creativity, and the law. This has significant implications for the future of artistic expression, innovation, and the enforcement of intellectual property rights.

Key Terms in this Chapter

Generative AI: Generative AI is an artificial intelligence that can generate text, pictures, audio, and synthetic data.

Artificial Intelligence: The theory and development of computer systems that can execute human activities, including visual perception, voice recognition, decision-making, and language translation.

AI Art: AI art, also known as generative art or computational creativity, refers to artworks that are created with the assistance of artificial intelligence (AI) algorithms and machine learning techniques.

Algorithm Bias: Algorithmic bias refers to repeated mistakes in a computer system that unfairly favor one user group over another.

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