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Currently, copyright protection is not granted to works created by Artificial Intelligence. The U.S. Copyright Office has issued guidance that explains the requirement for human authorship to be granted copyright protection and provides information to creators working in tandem with AI tools on how to effectively and correctly registered their works.
As of April 2023 there are several law suits brought against AI image generation tools that have used visual content created or owned by others as training material. These law suits claim that the use of artists’ content, without permissions, to train generative AI is an infringement of copyright.
While these cases are ongoing, we have no definitive answer. However, several experts have pointed to previous fair use cases to justify a fair use argument for the use of various training data for AI image generation tools.