NFTs are very popular among affluent luxury homeowners. But unlike NFTs, which are created by a human and then restricted using blockchain technology, AI art is machine-generated. In this case, who owns the rights to that art and how do you display them?
“In order to use OpenAI’s platform, you must agree to its terms and conditions, which state that users assign any ownership they have in any images created on foot of their prompts by the system, and in turn, the users have an exclusive licence to use the images for any purpose. Other AI platforms which can generate works have similar contractual copyright and licensing arrangements.
What is interesting to consider, is who is the author of this image? Was it the person who input the text prompt? Was it the AI? Was it the developer of the AI or the company that owns the AI? The tricky aspect of AI authorship is that most jurisdictions require a human to be the author, and a work is only capable of being protected by copyright if it shows intellectual effort, creativity, and reflects the author’s personality.”Barry Scannell, a consultant lawyer with Ireland-based law firm, William Fry LLP