Copyright, Lawsuits, and AI

Copyright, Lawsuits, and AI

The intersection of AI and copyright law has become a battleground for artists whose work may be used without consent to train AI systems. This guide explores the current legal landscape, major lawsuits against AI companies, and practical steps you can take to protect your creative portfolio.

Current Legal Challenges

The legal battle centers on a fundamental question: Does training AI on copyrighted works constitute fair use or infringement? Artists allege that companies have scraped billions of images without permission to build AI models that can replicate their styles and compositions, potentially undermining their livelihood.

Key Legal Developments

• Class Action Lawsuit Progress: The lawsuit against Stability AI (creator of Stable Diffusion) survived dismissal attempts, with the judge finding the AI model may have been "built to a significant extent on copyrighted works."
• Getty Images vs. Stability AI: Getty Images sued in the UK, claiming the company copied millions of images without authorization, highlighting the international dimension of these legal challenges.
• Other Notable Cases: Authors and media companies, including Sarah Silverman and The New York Times, have filed similar lawsuits against AI companies like OpenAI and Microsoft.

Legal Arguments at Stake

The U.S. Copyright Office released reports in July 2024 and January 2025 addressing digital replicas and AI output copyrightability, but definitive legal standards remain elusive. This uncertainty leaves artists in a difficult position, needing to take proactive measures to protect their work.

Protecting Your Artwork

While legal battles continue, artists can take several actions to safeguard their creative portfolio:

Technological Protection Tools

• Invisible Watermarking: Tools like ArtShield add imperceptible watermarks that can help prove ownership and detect unauthorized use.
• AI Poisoning: Nightshade alters pixels in ways invisible to humans but disruptive to AI training, potentially "poisoning" models that scrape your work.
• Style Protection: Glaze subtly modifies images to confuse AI systems about your artistic style, preventing accurate mimicry.
• Scraper Blocking: Solutions like Kudurru can block web scrapers or send back incorrect images to disrupt data collection.

Legal Protection Strategies

• Register Your Copyrights: While copyright exists automatically upon creation, formal registration with the U.S. Copyright Office provides stronger legal standing and the ability to claim statutory damages in infringement cases.
• Use Restrictive Licenses: Clearly specify usage terms that prohibit AI training or data scraping when sharing your work online.
• Monitor for Infringements: Regularly check platforms like "Have I Been Trained?" to see if your work appears in AI training datasets.
• Document Your Process: Maintain thorough records of your creative process, including sketches, drafts, and time-lapse recordings, which can help establish ownership.

Collective Action Approaches

• Join Artist Collectives: Uniting with other artists can provide shared resources for legal support and advocacy efforts.
• Advocate for Legislation: Participate in public comments for copyright studies and support proposals requiring consent or royalties for AI training.

Impact on Artists and the Art Community

The unauthorized use of artists' work in AI training poses significant threats to creative livelihoods. With an estimated 85% of visual artists earning less than $25,000 annually, the potential for AI to replace human labor or devalue original work exacerbates financial precarity in the art world.

Many artists have reported changing their online sharing practices after discovering unauthorized use of their work. Some have stopped sharing entirely, while others now only post lower-resolution images or heavily watermarked versions, fundamentally altering how art is shared and discovered online.

Future Outlook

The legal and regulatory landscape around AI and copyright is poised for significant change. As court cases proceed and more artists come forward, there's growing pressure on both AI companies and lawmakers to establish clearer guidelines. Several possibilities may emerge:

• Opt-Out Systems: Some AI companies have begun implementing ways for artists to opt-out of training, though these are often criticized as placing the burden on creators rather than companies.
• Licensing Models: Future models might include compensation systems where artists receive royalties when their work is used for AI training.
• Regulatory Frameworks: Governments worldwide are considering new regulations specifically addressing AI training on copyrighted works.

Until these issues are resolved, the most prudent approach for artists is to combine technological protection measures with legal safeguards while staying informed about developments in this rapidly evolving field.