AI-Generated Art: Is It Ethical?
Who Owns It?
Written by Marina Linde de Jager – ATTORNEY & LEGAL RESEARCHER at AI for Change Foundation
Introducing the Ethical and Legal Landscape of AI Art
In recent years, AI-generated art has become a significant topic of discussion within both the art world and the technology sector. From visual art to music, AI tools have made it possible to produce work that appear indistinguishable from human-made art. The development of AI systems like DALL – E, Artbreeder, and Runway ML has led to an explosion of AI-created imagery, sparking debates over ethics, creativity, and ownership. But with this technological advancement comes a range of ethical questions that need to be addressed.
As artificial intelligence continues to push the boundaries of artistic creation, a critical question arises: Is it ethical to use AI to generate art? And more importantly, who owns the rights to AI-generated work? These issues have significant implications for the future of creativity, intellectual property, and the role of technology in artistic expression.
Defining AI-Generated Art
AI-generated art refers to any visual or auditory content that is created with the assistance of algorithms. By processing vast amounts of data—often including thousands of existing artworks or music tracks—AI can generate new pieces based on patterns it identifies within the dataset. Popular platforms like DeepArt or Artbreeder allow users to manipulate these algorithms to create unique pieces of art.
For example, AI systems have been used to generate hyper-realistic paintings, 3D renderings, and even music compositions that mimic the style of famous artists. AI-generated artwork has also made its way into galleries and auction houses, with pieces being sold for substantial sums. This presents a shift in how we traditionally
view the relationship between artist, creation, and ownership.
Ethical Concerns Around AI-Generated Art
The ethical concerns surrounding AI-generated art are multi-faceted, encompassing issues of authorship, creativity, and the impact on human artists.
• Authorship and Creativity: A key ethical dilemma is the question of authorship. If an AI algorithm generates a piece of art, who is the creator? The programmer who developed the AI system? The user who prompted the algorithm to generate the artwork? Or is it the AI itself, as an autonomous entity? This issue challenges traditional notions of creativity and ownership, as art has historically been seen as a deeply human expression of individualcreativity. The involvement of AI raises questions about whether machines can truly be considered “creators” or whether they are merely tools that assist humans in the creative process.
• The Role of Human Artists: Many critics argue that AI-generated art devalues the work of human artists. As AI tools become increasingly capable of producing high-quality art, some worry that they may undermine the livelihoods of traditional artists. Instead of relying on human creativity and talent, industries may begin to favour AI-generated art due to its lower costs and the speed at which it can be produced. This could lead to an erosion of opportunities for artists who rely on their craft for income and creative fulfilment.
• Cultural Appropriation and Data Usage: Another ethical issue is cultural appropriation. AI systems are often trained on vast datasets that include works from a variety of artists, some of whom may not have consented to their work being used in this manner. For example, an AI may be trained on the artwork of indigenous or minority artists, potentially resulting in the replication or misrepresentation of cultural symbols without proper context or permission.
This raises concerns about whether AI-generated art is respecting the intellectual property and cultural significance of the original works it was trained on.
Who Owns AI-Generated Art?
The question of ownership in AI-generated art is another complex and contentious issue. In traditional art, the creator holds the copyright, but when AI is involved, things become murkier.
• Ownership by the Developer or User: In most cases, the ownership of AI generated art is determined by the terms of service provided by the platform or software used to generate the art. Some platforms may grant the user full ownership of the art they create using AI tools, while others retain ownership or grant only limited rights to users. For instance, if an AI-generated piece is created through a platform like DeepDream or DALL·E, the user may have certain rights over the art, but the platform itself could retain broader control over its use and distribution.
• Intellectual Property Law: Under current intellectual property law, AI-generated art is typically not recognized as having a legal creator. This is because copyright law, in many jurisdictions, requires a human author to hold ownership rights. As such, if an artwork is generated entirely by AI without human intervention, it may not qualify for copyright protection at all. This creates a grey area, as AI-generated works might fall into the public domain or be subject to the terms set by the platform that created the AI tool
.• The Role of the User: While some argue that AI tools are mere instruments, others believe that the person who provides the prompt or guidance to the AI should be considered the creator. This position suggests that ownership should belong to the user, as they are directing the AI’s actions, even though the actual creation of the artwork is done by the machine. This raises important legal questions about human agency and control in the creative process.
Responsible Use of AI in Art Creation
As AI-generated art continues to grow in prominence, it’s crucial to establish ethical guidelines for its use. Here are a few considerations for ensuring the responsible use of AI in art creation:
• Transparency and Disclosure: One of the most important principles in ethical AI use is transparency. If an artwork is generated using AI, this should be clearly disclosed to the public, whether it is sold in an auction house, displayed in a gallery, or shared online. Audiences have a right to know whether they are engaging with human-created art or AI-generated art, as this transparency could affect the perceived value, meaning, and interpretation of the work.
• Respect for Original Artists: AI creators should respect the rights and integrity of original artists whose works are used to train AI systems. Platforms should seek permission from artists before using their work in training datasets and compensate them for their contributions. Additionally, ethical AI development requires addressing the potential for AI-generated works to copy or mimic the styles of existing artists without their consent, which could be considered an infringement of intellectual property.
• Collaboration Between AI and Human Artists: Rather than replacing human artists, AI can serve as a tool to enhance creativity. Platforms that allow collaboration between AI and human artists, rather than outright automation, can produce unique and innovative artworks that combine the strengths of both. This collaborative approach ensures that AI supports rather than undermines human creativity.
Moving Toward a New Ethical Framework for AI in Art
As AI continues to evolve, new ethical frameworks must be developed to address the complexities surrounding AI-generated art. This includes revisiting laws around copyright, intellectual property, and fair use to ensure that they are adaptable to the rapidly changing landscape of digital creation. Governments, tech companies, and artists must work together to create guidelines that reflect both the potential of AI and the rights of human creators.
Conclusion: Navigating the Future of AI-Generated Art
AI-generated art challenges traditional notions of authorship, ownership, and creativity. While it offers exciting opportunities for innovation and expression, it also raises serious ethical questions. From ownership disputes to concerns about the impact on human artists, the rise of AI-generated art demands thoughtful consideration and responsible practices.
As AI technology continues to develop, it’s crucial that ethical standards are established to protect the rights of creators, ensure transparency, and foster a culture of collaboration between humans and machines. Only by addressing these challenges head-on can we ensure that AI-generated art evolves in a way that benefits both creators and consumers alike, while respecting the principles of fairness, integrity, and creativity.
References
Vincent, J. (2023, February 16). Is there a right way to use AI in art? The Verge. https://www.theverge.com/ai-artificial-intelligence/642599/is-there-a-right-way-to-use-
ai-in-art?
iPositively. (n.d.). The ethics of AI art: Who owns the copyright? Retrieved April 28, 2025, from https://ipositively.com/art/the-ethics-of-ai-art-who-owns-the-copyright/
AI Oracles. (2025, January 25). The ethics of AI generated art: Authorship, ownership, and creative freedoms. https://ai-oracles.com/2025/01/25/the-ethics-of-ai-
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