For over two years now, I’ve been using AI to assist me in generating my digital artwork. This morning, I was reminded of this domain, why I grabbed it, and what I should have been publishing on it since I moved it to a new server. So much has changed in the field of creating art, whether for fun or for profit, over the past three years. Following is the first prompt I entered in ChatGPT 4.o this morning:
PROMPT: I have been creating digital art with Adobe Photoshop and Corel Painter for decades. Now that we have ai art generation tools, I use the ai art generation as my foundation in creating final digital artwork. I am confused as to how to refer to that work. Am I still considered to be the artist of my finished work? Will my final work be copyrightable?”
ChatGPT RESPONSE:
You are still considered the artist of your finished work, even when using AI art generation tools as a foundation. Here’s why:
- Creative Contribution: As the creator, you are the one making artistic decisions, refining, and transforming the AI-generated foundation into a unique, final piece. Your input, style, and creative process are key elements of the finished work.
- Copyrightability: Generally, copyright law protects works that involve human creativity and originality. If your contributions to the AI-generated foundation involve substantial creative input—such as altering compositions, adding elements, or refining details—you could claim copyright over the finished piece. However, the specifics may vary depending on jurisdiction and the extent of AI involvement.
To communicate your process, you might refer to your work as:
- “Mixed-Media Digital Artwork”
- “AI-Assisted Digital Art”
- “AI-Enhanced Digital Creation”
If you’re concerned about copyright or recognition, consider documenting your creative process to demonstrate your input. Consult a copyright attorney for tailored advice specific to your region and intended use of the work.