In the new age of digital sharing, the whole world is connected by the internet. When you put work out into that, it gives everyone access to find it. But how do you stop someone from simply claiming it's theirs instead of yours? What stops someone from taking other’s work and passing it off as their own? The answer to that question should be simple, but in recent times it has gotten increasingly more complicated.
Intellectual Property
The World Intellectual Property Organisation (WIPO) states:
“Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.”
In its most literal sense, IP describes the things that you as an artist create. Digital art, animations, models, concept designs, etc. Everything is classified under IP. This protects it under copyright law, meaning that the things you create cannot be stolen and passed off as your own without the offender infringing on copyright laws.
When you work for a company, the things you create under their employment for them are IP belonging to the company. Depending on your contract, this might change whether or not you are allowed to display it as your work elsewhere.
The Importance of Copyright
Copyright is the main barrier that protects your work from being stolen and used without your permission.
In an article by Lawbite, it writes:
“Copyright is of paramount importance, especially for small businesses and entrepreneurs. It provides creators with the exclusive right to use, reproduce and distribute their work. This protection serves as a powerful incentive for innovation and creativity, as creators can reap the rewards of their efforts without fear of unauthorised use. Copyright ensures that your intellectual property remains yours, allowing you to monetise it and control its usage.”
Copyright laws allow you to generate income from the things that you create, such as with commissions, short films, etc. because it is rightfully yours. If you were to try and pass off someone else’s work and gain money from it, they would become entitled to the money you made, since the work is rightfully theirs. They would have grounds for a legal case, and be able to sue you for copyright infringement.
Animation has been a hot topic in the world of copyright, thanks to Disney. Before 1976, the maximum amount of time you could have a copyright was 56 years. This accounted for all possible extensions someone could get. As this began to encroach upon the original version of Mickey Mouse that starred in Steamboat Willie, the Disney corporation pushed for the laws to be changed, eventually succeeding and granting Mickey’s design 75 years of protection from the date of its creation, leading it to come out of copyright in 2003. Then, as that year approached, Disney again pushed for an extension, raising the protection from 75 to 95 years, protecting it until 2024. Mickey’s old design is now in the public domain, but it isn’t the current design that Disney uses. That design is projected to come out of protection in 2036, where it is likely that Disney will again attempt to extend copyright law.
Current Issues
Copyright infringement on artistic works online has come into the limelight recently over the past year thanks to developments in the field of Artificial Intelligence. There now exist several AI models online, easily accessible to everyone, that pull artwork from across the web without permission for analysis. These AI models can then be fed prompts, and approximate what art based on those prompts might look like. This concept has caused an uproar in the art community, since a vast majority of artists are having their work stolen without permission for use within these learning models. Some art websites have been allowing AI models to use work uploaded to their pages to learn from, without permission from the artists themselves. They sneak settings to turn this option off into the background, and refuse to inform their users that their work is being stolen.
AI ‘artists’ are also dealing with similar issues, in that there is no definitive proof that the work belongs to them. It was created by an AI model that has fed on multiple other artists' work to produce an image based on a prompt. There is an argument to be made for both sides as to who actually ‘owns’ AI art. Regardless of this, AI ‘artists’ insist the work to be theirs, and have even started selling their art online and at conventions.
The problems with AI automating parts of the creative process is not new, but it is an important point of discussion. Copyright is becoming muddier, the world of IP is becoming more and more complex, and it can be a struggle for artists to keep their heads above water and stay afloat as the market balloons in size due to artificial intelligence. I want to believe that AI will eventually assist artists in the creative process, but until it is no longer used by people who intend to steal off of others for their own gain, I cannot support it. There may come a day where it is an integral part of the pipeline, but until then, I’ll be sticking to my pen and paper.