Abstract

ABSTRACT Generative artificial intelligence is transforming the way we make, and think about, art. With prompting from human users, these generative systems now produce aesthetically compelling and seemingly creative works in a variety of artistic domains. In doing so, they challenge the ways we think about artistic credit, about creativity, and about the mechanism of legal copyright, which is meant to protect and promote creativity in a capitalist art market. All of this is currently at play in the courtroom, as artists contest the ways in which their artworks can be rightfully fed into these artificial systems (“the problem of the inputs”), and other artists are challenged over whether they might be credited for the visual images these systems generate (“the problem of the outputs”). Here, we explore these problems as they arise in visual art. We argue that the contested legal landscape surrounding these artificial systems reflects the ways they challenge our received notions of artistic credit and creativity. And we suggest that clarifying or changing the application of copyright in light of their generative capacities will ultimately involve revising our conception of art.

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