“AI and Artists’ IP: Exploring Copyright Infringement Allegations in Andersen v. Stability AI Ltd.” (Ella Marshall)

A Review of the case article, “AI and Artists’ IP: Exploring Copyright Infringement Allegations in Andersen v. Stability AI Ltd.” by Sophia Williams https://itsartlaw.org/2024/02/26/artificial-intelligence-and-artists-intellectual-property-unp acking-copyright-infringement-allegations-in-andersen-v-stability-ai-ltd/ Review and Summary by Ella Marshall This article was quite interesting and brought up a lot of questions for me. The author presented it in a way that gave the reader an explanation of what both sides of the argument presented. In the case, artists complained that three AI companies were infringing on their rights by using some of their artwork when setting up their programs. The author of the article did some of her own research and put specific search terms into the different AI programs in order to see whether or not they were able to get results that were similar to copyrighted work. One example of her search was that she asked the program to give her a picture of tomato soup cans in the style of Warhol. The result is shown below. Credit: DreamUp generated output image from article by Sophia Williams. I found it interesting when I searched up a photo of the Andy Warhol painting which is found below. Credit: Warhol, Andy. Campbell’s Soup Cans. c. 1962. MoMa. New York City. https://www.moma.org/collection/works/79809 These two pictures have quite a similarity. Throughout this case, the artists have claimed that because of the similarities people could use the AI generators to produce pieces of work that are similar to their own without paying any form of royalty or even recognition of the original artist. On the opposite side of the discussion, those in the AI industry believe that because they are doing what they are doing without malicious intent, they are not infringing on the copyright rights of the artists. One of the primary complaints of the artists is that when the AI companies upload their images into the program they are infringing on copyright. While the AI companies are denying wrongdoing because they say that even though they have uploaded images it is impossible for people to put in the correct keywords to produce an exact replica. Everything that has occurred as a result of this case has brought the environment of today and technology into question. AI can create anything and is constantly evolving. Due to this, the artists are concerned that if their work is being emulated at this time it won’t take long for exact replicas to be produced. When this happens, they will have no reason to create because their work and passion will become meaningless. This case study brought up some thoughts and questions about the legal ramifications of AI and artwork. I began to think about how people today use AI to reproduce celebrities and musicians either talking or singing and share on social media.When they do this are they also infringing on copyright? If this applies to artwork it should apply to other areas as well. I feel like this is such a gray area in which people could have many different opinions that could vary between situations as well. Technology is growing every day and becoming more and more advanced. We cannot, and do not want to, stop the progress. We have to find a balance between things. I wonder if the key to making this distinction is whether or not the company is doing what they are doing with malicious intent. Does this make a difference? Many of the ideas presented in the case study were things I had never thought of before, but now that I have read this I am wanting to learn more about what AI can do and research more into the concerns of those in the art world to better understand their concerns.

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