Ethical and Legal Considerations of Generative AI: How Is It Hurting?

Abstract

This case study analyzes the legal, ethical, and economic implications of generative AI for digital artists, namely its controversial employment of copyrighted images as training data. Authored by Sehrish Altaf for the Tech for Humanity project at Virginia Tech, the case centers on a landmark 2023 class-action lawsuit by American artists against generative AI software like Midjourney, Stability AI, and DeviantArt. These websites allegedly used copyrighted images without compensation or authorization, creating derivative works that are similar to artists' unique styles. The case raises disconcerting questions regarding authorship, intellectual property, and justice in the digital era. Artists assert that AI-generated art usurps their means of survival, creative control, and online presence. Both freelance and commercial artists are concerned that their work is exploited by systems based on their passion for free. The study also examines broader issues such as AI-enabled disinformation, disinformation news, and unevenly distributed copyright protection. It challenges students to critically examine the future of creativity, technological advancement, and the need for fair policies balancing business requirements against creative rights.