Visual artists fight back against AI companies for repurposing their work

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Three visual artists are suing artificial intelligence image-generators to protect their copyrights and careers

Artist Kelly McKernan paints in their studio Tuesday, Aug. 15, 2023, in Nashville, Tenn. McKernan is an artist and one of three plaintiffs in a lawsuit against artificial intelligence companies they allege have infringed on their copyright. Kelly McKernan’s acrylic and watercolor paintings are bold and vibrant, often featuring feminine figures rendered in bright greens, blues, pinks and purples.

McKernan is now one of three artists who are seeking to protect their copyrights and careers by suing makers of AI tools that can generate new imagery on command. The case was filed in January by McKernan and fellow artists Karla Ortiz and Sarah Andersen, on behalf of others like them, against Stability AI, the London-based maker of text-to-image generator Stable Diffusion. The complaint also named another popular image-generator, Midjourney, and the online gallery DeviantArt.

Much of the sudden proliferation of image-generators can be traced to a single, enormous research database, known as the Large-scale Artificial Intelligence Open Network, or LAION, run by a schoolteacher in Hamburg, Germany. “There is no arrangement in place,” Brooks said, at which point Hawaii Democratic Sen. Mazie Hirono asked Ortiz whether she had ever been compensated by AI makers.

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