this post was submitted on 18 Aug 2024
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Here's what the US copyright office says about when AI art is or isn't copyrightable:
So if an image looks like AI and you decide to just take it, legally that could be a risky proposition if you don't know the artist's workflow and the situation doesn't exactly match up with settled case law. Afaik most of the market is for custom images, so in practice most of the time it's not going to be a situation of just putting in a prompt and handing over the result but rather a multi step process and a hybrid of different techniques, which could weigh more towards generated content or more towards traditional drawing or image manipulation. The reason to pay someone for that instead of just using AI yourself would be the same as the reason for paying for non-AI art; they have the skills to get better results than you easily can on your own. The reason an artist might use AI is that it improves quality and/or reduces the amount of work.