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ARTICLE · 09 JUNE 2020

Blurring The Lines: When AI Creates Art Is It Copyrightable?

In October of 2018, Christie's sold the work Portrait of Edmond de Belamy for $432,500. None of this, including the price, would be notable if not for the claimed artist.

United StatesIntellectual Property

In October of 2018, Christie's sold the work Portrait of Edmond de Belamy for $432,500. None of this, including the price, would be notable if not for the claimed artist. The claimed artist was not a person but an algorithm, bearing its creator's signature:

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Obvious, a Paris-based collective, created the work using what is known as Generative Adversarial Networks, or "GANs." Creating works using GANs requires inputting thousands of images as well as developing and making adjustments to the algorithm.

The sale, which garnered attention and outrage alike, served as a flashpoint in the discussion of artificial intelligence and art. As Ian Bogost of The Atlantic wrote, "[t]he image was created by an algorithm the artists didn't write, trained on an 'Old Masters' image set they also didn't create."

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