ARTICLE
31 October 2022

Noh Comments On AI Art Copyright Issues

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Legal experts believe that artists, illustrators, and galleries looking to challenge A.I. image generators would have an uphill battle in court.
United States Intellectual Property

Pryor Cashman Partner Megan Noh, who co-chairs the firm's Art Law Group, spoke with Artnet about how copyright protections may (or may not) apply to artificial intelligence (AI) image generators.

In "A.I. Is Exploding the Illustration World. Here's How Artists Are Racing to Catch Up," Megan addresses the difficulties artists might face in litigating against AI generators for copyright infringement:

Legal experts believe that artists, illustrators, and galleries looking to challenge A.I. image generators would have an uphill battle in court. According to Megan Noh, an attorney and co-chair of Pryor Cashman's art law group, there is not much precedent when it comes to copyright infringement and artificial intelligence.

"The field is very dynamic and evolving," she said, explaining that plaintiffs would likely need to prove substantial similarity between an original artwork and a generated replica that goes beyond a familiar style. "An artist does not have copyright protection over style," Noh explained.

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