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ARTICLE · 23 MARCH 2023

AI Image Generators: Drawing Infringement Claims, Not U.S. Copyright Protection

Gowling WLG
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On Feb. 21, 2023 the U.S Copyright Office decided that AI image generators are not entitled to copyright protection, but do the images they produce amount to copyright...

GlobalIntellectual Property

On Feb. 21, 2023 the U.S Copyright Office decided that AI image generators are not entitled to copyright protection, but do the images they produce amount to copyright infringement? According to a lawsuit initiated by three artists in the United States, they do.

AI image generators are artificial intelligence tools that can produce images based on word prompts in a matter of seconds. But along with high-definition images, they are also generating significant concerns for visual artists who fear that their jobs are being replaced. After all, why commission a professional to create art for you when you can expedite the process for free using your own personal computer? Coupled with copyright infringement concerns arising from the fact that the programs are "trained" on human-made art scraped from the web, it is no wonder that visual artists are starting to push back. Before we get into the lawsuit, let's start with how they work and why the images are not entitled to

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