magazine
2024.09.08

Judgment Protecting Creators' Rights: Challenges of Copyright and Trademark with Generative AI Tools | Release #278

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Cover image by Toshiya Nagayama

On August 12, 2024, the U.S. Federal District Court issued an important ruling in a class action lawsuit led by artist Karla Ortiz against generative AI tools.

This case originated from AI tools like and using artists' works without permission for training. This lawsuit has drawn increasing attention to the future trends of copyright issues arising from the advancement of AI technology.

The artists claimed that images used for training were used without permission, and the AI model reproduced elements of these works, thereby infringing copyright.
The court determined that the use of artists' works for training could potentially constitute copyright infringement.

This ruling sends an important message that even as AI technology advances, the rights of creators and artists should not be overlooked and must be duly protected.

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Image by bikkya

The artists alleged that AI tools removed or altered copyright management information (CMI) during the training process, violating the Digital Millennium Copyright Act (DMCA), but this claim was dismissed.

However, the claim of trademark infringement was upheld, as was found to use artists' names without permission in generated images, potentially misleading consumers into believing the artists endorsed the AI tools.

Impact on the Future

This ruling will significantly influence future judicial decisions on how AI-generated images are treated under copyright law.

As the use of generative AI expands, attention will focus on how artists' rights are protected and how AI companies respond to these challenges.