AI-Generated Drawings: Legal and Ethical Implications

By Enrique Cheang, E.C.V. & Asociados

The issue of copyright concerning drawings created by artificial intelligence (AI) based on a photo is a complex and evolving topic. In general, copyright protects original works of human authorship. Here are some key points to consider:

1. Human Authorship: Typically, for a work to be protected by copyright, it must have a human author. If the work is created entirely by AI without human intervention, it may not qualify for protection under copyright law.

2. Derivative Works: If the AI-generated drawings are considered derivative works of a photo protected by copyright, there could be legal issues if permission has not been obtained from the copyright holder of the original photo.

3. Specific Legislation: Copyright laws can vary depending on the country. Some jurisdictions are beginning to adapt their laws to address the implications of AI in the creation of works.

4. Commercial Use: If the AI-generated drawings are used for commercial purposes, it is particularly important to consider the legal implications, as copyright holders may be more inclined to assert their rights in such cases.

5. Licenses and Permissions: When using images or photos as a basis for AI-generated works, it is advisable to obtain the necessary rights or licenses to avoid potential infringement.