What Do You Do If A Generative AI Violated Your Artistic Rights?

Generative AI is the current darling of the tech world. Using machine learning algorithms, companies scan the photos, paintings, drawings, and graphics of millions of artists. The system then spits out images based on mathematical convolutions of those works and user prompts.

Unfortunately, many artists have noticed a pattern in generative AI results. Numerous results look like copyrighted works, including some photos that hilariously include watermarks from major collections like the ubiquitous Getty Images. What should you do if a generative AI violated your rights under art law? Take these four steps.

Document the Offenses

Foremost, you want to identify the offending works wherever you see them. If you see something online, you want to take a screen capture of the offending images. Also, copy the URL, the web address that tells you where the webpage is located on the internet. If you see an offending image out in the world, such as on a poster or in a magazine, get a copy if you can. Should you be unable to obtain a copy, at least take a photo and try to note the time and location.

Collect Your Works

You will also want to identify which of your works are the subjects of the violations. Especially if you know that your works are sitting in a popular online place for artwork, there's a good chance a bot scanned your art and tossed it in the AI's convolution stew. You want to have the highest-resolution versions of your work possible. Also, you should download copies of the work as it sits on the web so you can look at exactly what the AI stole.

Ideally, you've properly copyrighted your works. If you have documentation of your intellectual property, you should also collect those documents and make copies of them for legal discussions. Many cases involving copyrighted works include statutory damages, meaning you can seek compensation for each violation.

Digitize, Print, and Present

It is also a good idea to store copies of the evidence and your works on thumb drives. If you have the resources to print quality copies, you may want to include those in a folder. Your goal is to present the evidence to an art lawyer.

Legal Action

Presuming a lawyer determines you have a case, the next step is to take action. Depending on the circumstances, this may include asking the AI company to remove your works from their training pools, demanding damages from the offending parties, and sending cease-and-desist letters.

For more information on art law, contact a professional near you.