The legal system still hasn't figured out who owns the output – the users, the owners of the programs, or maybe no one at all.
"Zendaya leaving gates of Central Park," Kashtanova entered into Midjourney, an AI program similar to ChatGPT that produces dazzling illustrations from written prompts."Sci-fi scene future empty New York...."
Now, with the help of a high-powered legal team, the artist is testing the limits of the law once again. For a new book, Kashtanova has turned to a different AI program, Stable Diffusion, which lets users scan in their own drawings and refine them with text prompts. The artist believes that starting with original artwork will provide enough of a"human" element to sway the authorities.
For example, companies could use AI to produce and own the rights to vast quantities of low-cost graphics, music, video and text for advertising, branding and entertainment."Copyright governing bodies are going to be under enormous pressure to permit copyrights to be awarded to computer-generated works," Merkley said.
One U.S. computer scientist, Stephen Thaler of Missouri, has maintained that his AI programs are sentient and should be legally recognized as the creators of artwork and inventions that they generated. He has sued the U.S. Copyright Office, petitioned the U.S. Supreme Court and has a patent case before the U.K. Supreme Court.
Kashtanova is being represented for free by Morrison Foerster and its veteran copyright lawyer Joe Gratz, who is also defending OpenAI in a proposed class action brought on behalf of owners of copyrighted computer code. The firm took on Kashtanova's case after an associate at the firm, Heather Whitney, spotted a LinkedIn post by the artist seeking legal help with a new application after the"Zarya" copyright was rejected.
To test how much human control will satisfy the copyright office, Kashtanova is planning to submit a series of copyright applications for individual images chosen from the new autobiographical comic, each one made with a different AI program, setting or method.
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