AI models are full of Dutch art – what about copyright violation?
Are AI models such as Midjourney violating artists' copyright? Dirk Visser, Professor of Intellectual Property Law, spoke about this topic on Dutch current affairs news programme 'NOS Radio 1 Journaal' .
Artificial intelligence (AI) models can be used to produce new content, which can be great when you need a quick text or an artistic image. But where does that art come from? Dirk Visser, Professor of Intellectual Property Law, spoke to Dutch NOS Radio 1 Journaal about how AI models use existing artwork and images to produce new content. But what happens when these models, such as Midjourney, reproduce an image or artwork that we all recognise? Take, for instance, Dick Bruna’s Miffy. 'Lots of images of Miffy have been entered in AI models as well as other pictures. […] If you then ask the AI model for a picture of Miffy, it'll create one – it’s all possible.’ It is still unclear whether, in theory, Dick Bruna could act to stop his images being used. 'That's because the EU legislature has said that this is permitted, unless you’ve expressly reserved the copyright. But it’s not clear how you can do that exactly.'
So artists or companies need to ensure they reserve their copyright to prove that tech companies are infringing it. Courts in Europe and the United States have not yet given clear rulings on this. 'There are also advantages, of course, to being able to use this technology to create a nice work of art, albeit on the back of existing artists. And that’s something the courts have yet to consider, both in the US and in Europe.'
Listen to the full excerpt (in Dutch) on NOS Radio 1.
Image: Unsplash+