Skip to Main Content

Tutorial on Creating Multimedia with AI Tools: Copyright

Copyright


Copyright

In the U.S., can images created with generative AI be copyrighted?  

An image from the graphic novel, Zarya of the Dawn

An image from the graphic novel, Zarya of the Dawn.

Currently, the answer is no. In order to be copyrighted, there must be a human author.

However, the U.S. Copyright Office decided that the selection and arrangement of AI images in a graphic novel (Zarya of the Dawn) could be copyrighted as a whole workbut the images themselves could not be copyrighted. (Since they were generated with Midjourney).

Copyright rulings in other countries may have different opinions. For example, a Chinese court awarded copyright protection to AI-generated images in one case. They ruled that the human intellectual input for prompting and selecting images, “reflects the plaintiff's personalized expression.”

In the U.S., is it legal for developers to use copyrighted material to train generative AI tools?

Some say no, it’s unlawful.
There are several lawsuits underway against companies like OpenAI, Microsoft, and Stability AI. 

Many artists and writers feel AI is appropriating their work without consent or compensation to build profitable products, threatening their creative livelihoods.

Others say yes, training is fair use.
They argue that AI models learn from these works to generate transformative original content, so no infringement occurs.

Many scholars and librarians argue that training AI language models on copyrighted works constitutes fair use, which is essential for research.

This issue is complex and it will likely take a long time before the lawsuits are settled.

 Some courts have thrown out parts of the lawsuits, but kept others. Some of the cases may be settled out of court.

In the meantime, companies like Adobe, Google, Microsoft, and Anthropic have offered to pay legal bills from lawsuits against users of their tools.

This tutorial is licensed under a Creative Commons Attribution 4.0 International License.

Vincennes University

812-888-VUVU | 800-742-9198

1002 North First Street; Vincennes, Indiana 47591

www.vinu.edu/

Shake Library

812-888-4165 | libref@vinu.edu

1002 North First Street; Vincennes, Indiana 47591

vinu.libguides.com/shakelibrary

Jasper Academic Center for Excellence

812-481-5923 | ace@vinu.edu

850 College Ave; Jasper, IN 47546

vinu.libguides.com/jasper