AI-Generated Images Spark Copyright Concerns
The Rise of AI-Generated Images
It’s only been a day since ChatGPT’s new AI image generator went live, and social media feeds are already flooded with AI-generated memes in the style of Studio Ghibli, the cult-favorite Japanese animation studio behind blockbuster films such as "My Neighbor Totoro" and "Spirited Away."
New Tools for Image Generation
OpenAI’s latest update comes on the heels of Google’s release of a similar AI image feature in its Gemini Flash model, which also sparked a viral moment earlier in March when people used it to remove watermarks from images. These new tools make it easier than ever to re-create the styles of copyrighted works simply by typing a text prompt.
Legal Gray Area
According to Evan Brown, an intellectual property lawyer at the law firm Neal & McDevitt, products like GPT-4o’s native image generator operate in a legal gray area today. Style is not explicitly protected by copyright, meaning OpenAI does not appear to be breaking the law simply by generating images that look like Studio Ghibli movies. However, Brown says it’s plausible that OpenAI achieved this likeness by training its model on millions of frames from Ghibli’s films.
Fair Use and Copyright Infringement
However, several courts are still deciding whether training AI models on copyrighted works falls under fair use protections. The New York Times and several publishers are in active lawsuits against OpenAI, claiming the company trained its AI models on copyrighted works without proper attribution or payment. There have been similar claims brought in lawsuits against other leading AI companies, including Meta and AI image-generation startup Midjourney.
OpenAI’s Statement
In a statement to TechCrunch, an OpenAI spokesperson says that while ChatGPT refuses to replicate "the style of individual living artists," OpenAI does permit it to replicate "broader studio styles." Of course, it’s worth noting there are living artists who are credited with pioneering their studio’s unique styles, such as Studio Ghibli’s co-founder, Hayao Miyazaki.
Testing AI Image Generators
We tested several popular AI image generators, including ones available in Google’s Gemini, xAI’s Grok, and Playground.ai, to see their ability to match Studio Ghibli’s style. We found OpenAI’s new image generator created the most accurate replica of the animation studio’s style.
Conclusion
For now, OpenAI’s and Google’s new image features present a leap forward in what AI models can generate, which seems to be driving a surge in usage. OpenAI delayed the rollout of its new image tool to free-tier users on Wednesday, citing high demand. That may be the most important thing for these companies today, but we’ll have to wait for the courts to weigh in on their legality.
FAQs
Q: Is OpenAI breaking the law by generating images that look like Studio Ghibli movies?
A: According to Evan Brown, an intellectual property lawyer, OpenAI does not appear to be breaking the law simply by generating images that look like Studio Ghibli movies, as style is not explicitly protected by copyright.
Q: Can AI models be trained on copyrighted works?
A: Yes, but the legality of this practice is still being debated in courts.
Q: What is the purpose of OpenAI’s new image generator?
A: OpenAI’s new image generator allows users to re-create the styles of copyrighted works by typing a text prompt.
Q: Is OpenAI’s new image generator the only tool available for AI image generation?
A: No, Google’s Gemini Flash model and other AI image generators are also available, although OpenAI’s new image generator appears to be the most accurate in recreating Studio Ghibli’s style.
