Grey Area: Copyright and Fair Use in AI-Generated Artworks

“Where does the artist end and the tool begin?” is one of many questions raised in a Center for Art Law panel discussion.
Center for Art Law’s 2023 conference brought together students, attorneys, artists, and arts and legal professionals to discuss contemporary and relevant topics at the intersection of art and law. Among the topics covered was one of the most pressing facing artists today: the use of Artificial Intelligence (AI) in art and the copyright issues surrounding it.

We’re sharing highlights from a panel discussion that featured the expertise of:

Ron Lazebnik, Director of the Samuelson-Glushko Intellectual Property & Information Law Clinic, Fordham University School of Law (moderator)
Amelia Brankov, art law and copyright attorney at Brankov PLLC
Kelly McKernan, artist and representative in class action lawsuit against Midjourney/Stable Diffusion
Scott J. Sholder, partner at Cowan, DeBaets, Abrahams & Sheppard, LLP