A work of art generated solely from artificial intelligence? Yesterday falling under science fiction, it is now done with Unsuperviseddirected by artist Reflix Anadol and hosted at MoMA in New York from November 19, 2022 to January 4, 2023. To design his work, Anadol, renowned for his disruptive immersive creations and public installations, used artificial intelligence (AI ) For ” interpret “ publicly available artistic data from the MoMA collection and offer a digital art installation that unfolds in real time… and continually generates new forms.
With this dubbing by the MoMA, it is a decisive step that has just been taken in a universe where the massive irruption of AI is confusing the courts of all countries. “It’s the Wild West!” »are annoyed in France by many advertisers. “It is clear that the legal framework is not laid down”, confirms the lawyer Pascal Wilhelm, specialist in intellectual property, particularly in the field of advertising.
As Europe enters the home stretch of the “IA Act”, the pioneering regulation of AI led by European Commissioner Thierry Breton… everyone is watching for the conclusion of the Getty trial. “This affair, by its impact and by the notoriety of the companies in question, will serve as a reference”believes Pascal Wilhelm.
“Trademark violation”
On February 3, Getty Images began legal proceedings against Stability AI, creator of Stability Diffusion, an image-generating AI. The image bank accuses the start-up of having copied more than 12 million snapshots and believes that the violation of its content on a large scale was decisive in the success of Stable Diffusion AI.
Even more concretely, Getty Images accuses Stable Diffusion of having incorporated protected photos into a work, while the start-up defends itself by arguing that these photos, milled by artificial intelligence, were no longer recognizable. Getty took the case to court invoking “violation of trademark law, trademark infringement”all accompanied by a claim for damages.
This is the interpretation that will be made of the concept of fair use – which delimits copyright and allows certain deviations under specific conditions (such as creative works) – which then risks getting all the attention. Widespread in the United States, it also exists in France – hence the current interest –, the concept of “counterfeiting” however largely dominating the case law around intellectual rights.
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