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Policy Reflections: AI Generated Art Implications

Policy Reflections: AI Generated Art Implications

By Jainaba Beyai, Policy Advisor, OCAD University

Robot hands folding a pink origami paper crane.

Artificial Intelligence (AI) has made its mark on nearly every industry, and the creative arts are no exception. From virtual influencers and computer-generated music to AI-powered design tools, the impact of AI on the creative world is evident. But as AI technology continues to advance, many are questioning how it will shape the future of creative work. Will it enhance human creativity or replace it altogether? This paragraph was written by generative AI to demonstrate the remarkable (and potentially biased) sophistication of this technology, including its creative potentiality and its astounding ability to perform human-like tasks.

For my third policy reflection, I explore a handful of preliminary queries to understand how generative AI art may transform and challenge the “human-made” creative process and impact the creative sector, including cultural policy. The post concludes with some considerations for policymakers on how to embrace the evidence presented, including how to protect and sustain artist livelihoods.

How are artists using AI and how is it changing the way they create?  

As AI becomes more commonly used in the creative industry, it is transforming the very nature of the creative process.1 AI technology employs machine learning algorithms to generate a wide array of visuals, including digital images, logo design, animation, and 3D modeling.2 Artbreeder, DeepDream Generator and Luminar Neo are AI tools leveraged by artists. For instance, DeepDream Generator is an AI tool that allows users to input text into the program and transform photos into distinct images on the computer vision platform.3 By leveraging such advanced technology, many artists—working in a multiplicity of genres—could push the boundaries of traditional and contemporary artistic practices.

How can artists benefit from using AI in their creative work?   

1. AI may empower and advance artists’ creative potential:   
Through incorporating AI into the creative process, artists may exert greater control over their creative output.4 AI algorithms can be programmed to create patterns and objects that would be difficult or even impossible to produce by hand.5 Consequently, artists can incorporate AI-generated elements into their pieces, resulting in a more diverse range of styles and approaches. AI-generated outputs inspire artists to experiment with new styles and techniques, expanding the creative possibilities and pushing the boundaries of traditional art.6

2. AI may streamline the creative process:   
Generative AI may help artists be more efficient with their studio time.7 AI algorithms can be programmed to automatically correct mistakes or inconsistencies in a design and automate time-consuming and repetitive processes, such as data entry and image manipulation.8 By eliminating human errors and repetitions, AI may increase artists' productivity allowing them to produce more work at a technical or artistic standard they choose.

What challenges does generative AI present to artists in their creative work?   

1. AI may devalue human artistic talent:   
The use of AI art has raised questions about the value of human creativity. As AI becomes more advanced, it also becomes more difficult to distinguish between AI-generated art and human-made art. In fact, some artists have argued that AI-generated art cannot be considered creative because it lacks the artistic sensibilities acquired and embodied by living artists,9 while others have viewed it as a sophisticated tool for creating art. Consequently, many artists have raised concerns that people may be unwilling to pay for human creativity, as AI advances into the art market, potentially leading to the devaluation of human artistic talent.10 However, appraisers, like major art market players, valuation of human artistic talent—can help to mitigate the proposed risk of creative devaluation, moving forward.

2. AI could increase artist precarity:   
There is growing concern that the increasing use of AI-generated art has the potential to challenge the livelihoods and creative autonomy of human artists, thereby worsening artist precarity.11 A way that AI may challenges the traditional approach of art production is by undermining the originality of artists work, which raises questions about the value of an artists’ creativity. As a result, this can lead to the decrease in the demand for human artists work, which can subsequently impact their compensation. 12

3. AI may infringe copyright and intellectual property legislation:   
The evolution of AI in creative work has raised significant concerns about plagiarism and copyright infringement. AI has not only made it easier to create and produce artwork, but it has also made it easier for others to reuse existing artwork, such as datamining of works shared on the internet.13 As a result, sharing artwork online risks unauthorized use or reproduction thereby threatening the intellectual property rights of the artist. The repercussions of such actions can be serious, potentially resulting in reduced income and harm to the artist's reputation or impeding their potential for future professional or marketplace opportunities and success in the cultural sector.

What are some implications for cultural policy related to AI-generated art?   

As AI becomes increasingly prevalent in the creative sector, there are concerns about the impact it could have on the future of creative work. To date, however, the Government of Canada has yet to take any measurable action in protecting the future of creative work from AI technology.14 Moving forward, there are a few policy areas the government could consider.

1. Invest in AI research and development:   
As artists increasingly incorporate AI into their creative processes, policy makers should consider how to support the development and dissemination of these new art forms, while also addressing ethical and regulatory concerns. For example, the Pan-Canadian AI Strategy recognizes that AI has the potential to revolutionize the creative sector and enhance the competitiveness of Canadian businesses.15 It would be important then, that the government invest in AI research and development initiatives specifically tailored to the needs of the creative sector. This could ensure Canada is positioned as a lead in AI-generated art, while also promoting the responsible use of AI in the cultural sector.As artists increasingly incorporate AI into their creative processes, policy makers should consider how to support the development and dissemination of these new art forms, while also addressing ethical and regulatory concerns. For example, the Pan-Canadian AI Strategy recognizes that AI has the potential to revolutionize the creative sector and enhance the competitiveness of Canadian businesses.15 It would be important then, that the government invest in AI research and development initiatives specifically tailored to the needs of the creative sector. This could ensure Canada is positioned as a lead in AI-generated art, while also promoting the responsible use of AI in the cultural sector.

2. Conduct focussed research to understand how artists are navigating AI:   
It is evident that the use of AI in the arts is an emerging and growing phenomenon.16 Yet, there is a knowledge gap concerning how artists are utilizing and navigating this new technology, including a clearer understanding of the technologies threats and opportunities. To address this, it is imperative that Canadian Heritage undertake a comprehensive study to gain a deeper understanding of AI's usage among artists. Such investments toward the above research scope may facilitate evidence-informed policy interventions, necessary for the growth and sustainability of the creative sector, while working to reduce and mitigate artist precarity and copyright vulnerabilities.

3. Consider how intellectual property rights include AI-generated art:   
As the Government of Canada enters another review of its copyright legislation, they may want to consider adopting a "maker" approach, whereby AI-generated works are given creative ownership instead of a public domain.17 Such a move could strengthen Canadian copyright, including royalties. It is immensely crucial to have a legal framework that reflects the changing landscape of intellectual property production in a context of new technology.18

4. Support AI market training initiatives to help artists protect themselves:   
The government could also play a role in supporting initiatives on AI market training and resources for artists and creative professionals, who are the most precarious to the threats of AI-generated art. “Generative AI - From Big Picture, to Idea, to Implementation” may help artists understand and navigate the rapidly changing landscape of AI.19 The government could subsidize the cost of this training to ensure that artists have the relevant skills in order to remain competitive.

Key Takeaways   

The impact of generative AI on the creative industry and artists is a complex issue that is constantly evolving and requires ongoing attention from policymakers. While AI has the potential to revolutionize the creative process, by empowering artists with greater creative prowess and opportunities to streamline their studio time, the technology also poses significant challenges such as copyright infringement and increased artist precarity.   

As AI continues to advance into ubiquity, policymakers—and the Canadian government—need to consider the ethical, cultural and societal implications of the emergent technology. It is critical that AI-generated art clauses are included in copyright legislation amendments now, in order to promote not only the responsible use of artistic intellectual property but to protect the creative and cultural industries and economy. By doing so, policymakers will support and prioritize a bright future for Canada’s artists and creative producers.

  1. https://www.thedrum.com/opinion/2022/12/16/the-effects-and-results-ai-the-creative-industries
  2. https://www.mckinsey.com/featured-insights/mckinsey-explainers/what-is-generative-ai
  3. https://www.bloggersgoto.com/deep-dream-generator-review/
  4. https://venturebeat.com/ai/ai-generated-art-a-tool-for-enhancing-creativity/
  5. https://www.researchgate.net/publication/359809445_The_Creativity_of_Artificial_Intelligence_in_Art/link/632d0bdafd5d6051953a4dfb/download
  6. https://www.shutterstock.com/blog/artificial-intelligence-and-human-creativity
  7. https://www3.weforum.org/docs/39655_CREATIVE-DISRUPTION.pdf
  8. https://www.mckinsey.com/~/media/McKinsey/Business%20Functions/McKinsey%20Digital/Our%20Insights/Driving%20impact%20at%20scale%20from%20automation%20and%20AI/Driving-impact-at-scale-from-automation-a…
  9. https://techonomy.com/a-portrait-of-the-artist-as-a-young-algorithm/?utm_campaign
  10. https://medium.com/mlearning-ai/is-a-i-the-death-of-art-or-the-future-of-creativity-78ed410673d3
  11. https://www.researchgate.net/publication/359809445_The_Creativity_of_Artificial_Intelligence_in_Art
  12. https://www.plagiarismtoday.com/2022/09/13/the-battle-lines-over-ai-art/
  13. https://www.canada.ca/en/innovation-science-economic-development/news/2022/06/government-of-canada-launches-second-phase-of-the-pan-canadian-artificial-intelligence-strategy.html
  14. https://ised-isde.canada.ca/site/ai-strategy/en
  15. https://dataconomy.com/2022/09/emerging-technologies-artificial-intelligence/
  16. https://www.cba.org/CBAMediaLibrary/cba_na/PDFs/Sections/IP-Copyright-of-AI-created-works-AODA.pdf; https://www.gov.uk/government/consultations/artificial-intelligence-and-ip-copyright-and-patents/artificial-intelligence-and-intellectual-property-copyright-and-patents
  17. https://www.cba.org/CBAMediaLibrary/cba_na/PDFs/Sections/IP-Copyright-of-AI-created-works-AODA.pdf
  18. https://www.udemy.com/course/generative-ai/?utm_source=adwords-learn&utm_medium=udemyads&utm_campaign=DSA_CA_Tech&utm_content=deal4584&utm_term=_._ag_76808851365_._ad_533102607573_._de_c_._dm__._pl__…