Can an Artist Protect their Work Against Generative AI?

Are you a visual artist in 2024? Whether you paint, draw, take photographs, or generate digital art, you are dealing with a complex, challenging environment. The rise of generative artificial intelligence (AI) is starting to transform the art world. You may be wondering: Can I protect my art against AI? Here, our Florida brand protection attorney highlights the key things that artists need to know about protecting their original work against generative AI.

The Rise of AI Raises a Wide Range of Copyright Law Questions

The rapid advancement of generative AI—especially large language models (LLMs)—has major implications for copyright law. Generative AI has used a lot of copyright-protected material in its training data. Recently, the United States Copyright Office released Part One of its copyright and AI guidance. The government body advises federal lawmakers to take “urgent action” to modernize our copyright laws to address the challenges posed by AI.

Option #1: Watermark Your Work

One strategy that visual artists can use is embedding invisible watermarks into their work. Visible watermarks are typically logos or text placed over the artwork. They can be designed to blend with the aesthetic while making unauthorized use easily noticeable. Invisible watermarks include image data that is not perceptible to the human eye but can be detected by software.

Option #2: Use Opt-Out Provisions for Major AI Models

Many AI companies that develop the models that are capable of generating artistic content offer opt-out provisions for artists who do not want their works to be used as part of the training data set. Artists should actively seek out and register with these opt-out databases. For example, Dall-E offers an opt-out option for visual artists. Opting out is a proactive step that you can take.

Option #3: Consider Tech Tools to Block AI Training

Artists can use technological solutions designed to prevent AI from learning their styles or copying their works. These tools often modify digital files slightly in ways that do not affect human perception but do hinder AI algorithms’ ability to analyze and replicate the artwork. It is still new technology. The University of Chicago created a tool called Glaze that may be effective.

Option #4: Bring a Legal Claim (May Be Challenging Under Current Law)

Although the current legal framework may not fully address the complexities introduced by AI, artists can still consider bringing legal claims against entities that use their work without permission to train AI. If you have any questions or concerns about bringing a copyright infringement claim for an AI-related violation, an experienced Florida IP lawyer can help.

Contact Our Florida Brand Protection Lawyer for Artists Today

At Perkins Law, our Florida brand protection attorney handles the full range of intellectual property cases. If you have any questions or concerns about protecting your work against AI, we are here as a legal resource. Contact us today for a confidential initial consultation. We help artists protect their brands throughout South Florida and beyond.

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