The team at Prompt Muse are deeply enthralled by the potential of AI-driven image creation, yet there is an underlying concern about the questionable methods employed to achieve this, namely the concept of “spawning“. This is the practice of using AI to generate new artwork from pre-existing art, and it has sparked debate between those who are for and against the idea. Until regulations are established to address the ethical implications of this technique, many artists are left feeling that their art has been appropriated without their consent.
We will go through the steps to take if you find yourself in this situation, from understanding your legal rights to what action you can take. Please note, this is not legal advice, simply exploring options available together.
Search haveibeentrained.com, to see if your work was used for a.i training, and request it be taken down
If you find that your artwork has been used without your consent in an AI model, you can report the violation to OpenAI by visiting Have I Been Trained. This website allows photographers and artists to search a small fraction of Stable Diffusion’s training data (more than 12 million images) to see if their work has been used. If it has, they can request that it be taken down.
Know Your Copyright And Intellectual Property Rights
Oddly enough, laws have been in place (at least here in the UK) to protect artists from having their work used against their will by a.i since as far back as 1987. Considering that was the year Adobe Illustrator 1.0 was released, and Microsoft just launched Windows 2.0, that’s some pretty forward thinking.
If your artwork has been used in an AI model without your permission, you may have a claim for copyright infringement. In order to prove copyright infringement, you must show that you are the owner of the copyright and that the defendant copied your work without authorisation. If successful, you may be entitled to damages and/or an injunction preventing further use of your work. Additionally, if the use of your artwork is considered to be willful or malicious, you may be able to seek additional damages.
Contact a Legal Adviser
If your artwork has been used in an AI model without your permission, you may have a claim for copyright infringement. You should contact a legal adviser to discuss the specifics of your case and determine the best course of action. Depending on the circumstances, you may be able to seek damages or an injunction to prevent further use of your work, as mentioned above. Additionally, you may be able to negotiate a licensing agreement with the AI model’s creator. This is all early days in the dawn of this new technology, so currently there is no precedent to reflect upon..
Draft a Cease and Desist Letter
If your artwork has been used in an AI model without your permission, you can send a Cease and Desist Letter to the party responsible. The letter should include the following information:
1. A clear statement that the use of your artwork is unauthorised and must cease immediately;
2. A description of the artwork in question, including any relevant copyright or trademark information;
3. A demand for compensation for any damages incurred as a result of the unauthorized use;
4. A request for written confirmation that the infringing party has ceased using your artwork; and
5. A warning that legal action may be taken if they do not comply with your demands.
Identify Potential Damages and Remedies
If your artwork has been used in an AI model without your permission, you may be able to seek damages and remedies under the law. Section 8(3) of the Human Rights Act 1998 states that in determining whether to award damages, or the amount of an award, the court must take into account the extent to which any person responsible for the infringement knew or ought to have known that he was interfering with your rights. Additionally, under the General Data Protection Regulation (GDPR), you may be able to seek compensation for any material or non-material damage caused by a breach of data protection law. Furthermore, if your artwork was used commercially without your permission, you may be able to seek damages for copyright infringement.
Find Out What Damages You May Be Entitled To
Depending on the circumstances, you may be able to seek compensation through a liability regime under private law, such as tort law. You may also be able to claim for vindicatory damages or the making good of your right to performance of the contract. Additionally, public authorities may now be liable in damages if they are found to have breached human rights.
In order to protect yourself from potential AI-related disputes, organizations should ensure that they have appropriate controls and practices in place. This includes having clear policies and procedures for using AI models and ensuring that any data used is collected ethically and legally. Additionally, organisations should consider the ethical implications of their use of AI technology and ensure that it is running in line with their values.
Consider Digital Millennium Copyright Act (DMCA) Notices
If your artwork has been used in an A.I model without your permission, you can file a DMCA takedown notice to have the content removed from the website. The DMCA allows copyright holders to send a notice to a service provider (like YouTube or other websites) requesting that infringing content be removed. The notice should include information about the copyrighted work, and evidence that it is being used without permission. Once the service provider receives the notice, they must take down or disable access to the infringing material. If the party who filed the original DMCA Notice does not file a court action against you within ten days, then you can restore the removed content.
Conclusion
If you discover that your artwork has been used in an AI model without your permission, you may be able to take legal action against the person or company responsible. Depending on the circumstances, you may be able to claim copyright infringement or breach of contract. You should consult a lawyer to discuss your options and determine the best course of action. Additionally, you can contact the relevant authorities such as the Copyright Office or your local law enforcement agency for more information and assistance.
