Understanding AI-Generated Art and the Boundaries of Copyright

Understanding AI-Generated Art and the Boundaries of Copyright

As artificial intelligence tools become more advanced and widely accessible, they are rapidly transforming the creation of visual content and raising complex legal questions. For law firm leaders, the implications of this transformation extend beyond intellectual property specialists to include strategic considerations around client counseling, risk management, and litigation readiness. 

A timely example highlighted in an article by Avery E. Carter, an associate at Arnall Golden Gregory, is the rise of AI-generated images that mimic the artistic style of Studio Ghibli, the renowned Japanese animation studio known for films such as Spirited Away and Princess Mononoke. Recent AI tools, such as those embedded in ChatGPT, now enable users to recreate photos in the style of Studio Ghibli with impressive fidelity, triggering fresh questions about the limits of copyright protection.

Under US copyright law, artists like Studio Ghibli are protected from unauthorized use of specific characters or scenes, but not from imitation of a general aesthetic. This legal distinction creates a murky area when AI-generated content borrows heavily from a recognizable style without directly copying a protected work. 

While a tool that generates a new image inspired by Ghibli’s artistic flair may fall outside the definition of a “derivative work,” that protection vanishes if the AI output closely resembles specific copyrighted characters or scenes. As AI-generated art blurs the line between homage and infringement, courts may soon be called upon to refine how derivative works are defined in the context of machine learning.

For law firm leaders, legal exposure surrounding generative AI is not hypothetical; it’s emerging now. Firms must be prepared to advise clients on both defending their intellectual property and avoiding infringement, especially as businesses increasingly incorporate AI into their creative processes. Staying ahead of these developments is a competitive advantage.