The Battle for AI Copyright: How FileProtected is Arming AI Artists

Old laws were made for paintbrushes, not pixels or algorithms.

The art world has always been a battleground of ideas and expressions, but AI has fundamentally transformed this landscape, akin to dropping a metaphorical nuke. As AI and human creativity merge, they ignite intense debates about the very nature of art. Traditionalists decry AI-generated art as soulless and derivative, labelling it as mere imitation rather than true innovation. They view these creations as theft of human expression, not legitimate artistic endeavours.

On the other side of the spectrum, some argue that AI-generated art is nothing more than lines of code, advocating that such works should fall into the public domain. This polarization has created a complex legal landscape, entangling creators and stakeholders in seemingly insurmountable disputes. The rise of AI art not only challenges our understanding of art and authorship but also tests the limits of copyright law and ownership in the digital age.

15 Billion AI Images and Counting

The rapidly evolving world of digital art and content creation has seen an unprecedented explosion in output, driven largely by advancements in AI-powered text-to-image generation. This disruptive technology has enabled the creation of an astounding 15.5 billion new images in the past year alone, surpassing the cumulative output of photographers over the last 150 years. This surge in AI-generated art, powered by innovators like ChatGPT, Bard, DALL-E, Mid-journey, and Stable Diffusion, signifies a monumental shift in the landscape of digital creation. https://wired.me/culture/ai-image/

Orphaned By Innovation

The surge of AI-generated art is swamping the digital landscape, precipitating a copyright crisis. As billions of images pour into the market, the distinction between human and machine-made creations becomes increasingly blurred. This deluge not only erodes trust and devalues artistic creativity but also leaves artists more vulnerable than ever. The proliferation of AI art intensifies the issue of "orphan works"—artworks without clear ownership—making it difficult to differentiate authentic art from AI-generated imitations. This breeds uncertainty and deepens distrust. Current copyright laws, crafted with human creators in mind, falter in addressing the intricate challenges posed by AI-generated art.

Beyond the Human Touch

Copyright law, designed for a world of paintbrushes and chisels, can't keep up with AI. Can an algorithm be an 'author'? Do datasets count as source material? Who owns the copyright when AI is involved? Cases like The Zarya of the Dawn and the recent George Carlin litigation highlight the lack of clear guidelines, leaving creators and copyright holders in limbo and with unknown legal jeopardy. Imagine a future where groundbreaking ideas remain trapped inside artists' minds, too afraid of legal battles to ever be shared. A future where the next digital Da Vinci withers on the vine, stifled by the complexities of AI copyright.

FileProtected: A Refuge in the Copyright Storm

Content creators have long struggled to assert control over their work and get the credit and compensation they deserve. Frustrated by outdated copyright laws that often failed to protect my work as a photographer and media producer, I co-founded FileProtected.com, with Björn Graf and Peggy Steevensz. We built it as a refuge for creators in the digital age – a secure haven for both human and AI-generated creations. FileProtected.com isn't just about protection; it's about empowering creators, ensuring fair compensation, and rewriting the rules to reflect the realities of modern creativity. We make it easy to register creative work, assert ownership, attribute it correctly, and monetize it directly without middlemen or additional fees or commissions.

Protecting the Seeds of Innovation

Traditional copyright law focuses on the final product, but that's not enough in the age of AI. Protecting and defending your copyright in this accelerating AI era lies in documenting the creative journey—the sketches, experiments, breakthroughs, and even failures that lead to the final piece. Yet, these crucial stages are often overlooked in traditional copyright registration.

FileProtected recognizes that the creative process itself is a form of intellectual property. Our solution goes beyond simply registering the final output. Our Creative ID system meticulously documents every step of the creative journey, creating a verifiable, tamper-proof chronicle of your creative process. Imagine a permanent record of your creative evolution—proof that every stroke, every line of code, every AI prompt was yours. Every stage of the evolution is registered. It's a shield against ownership challenges and a powerful arsenal of evidence to protect not only your artwork but the work that went into creating it.

The Creative ID System: Passport for Digital Creation

FileProtected's Creative ID system acts as a secure, permanent passport for your digital intellectual property. Think of it as a collection of unique fingerprints, cryptographically anchoring and aggregating essential information directly to your work. This establishes ownership, records collaborations, and stores copyright-supporting media and documents, including agreements, correspondence, and other records that document the creative journey. This indelible record lives on the blockchain, ensuring it can always be independently verified and trusted by anyone anywhere it's viewed.

Beyond robust protection and content management tools like registered email, delivery, and automatic Instagram registrations, the platform features Origin Content, a dedicated marketplace where creators can directly sell and license their work – AI-generated or otherwise. FileProtected strengthens its own verification processes by registering and aggregating metadata from trusted sources, if available, like Adobe's Content Credentials (C2PA).

The AI Challenge: Redefining Copyright for the Digital Age

The rapid evolution of AI in content creation presents substantial challenges to traditional copyright legal frameworks, particularly in dispute resolution, as conventional methods struggle against AI-generated content's complexity and unique output. Such content, defying easy categorization or replication for comparison, complicates copyright infringement identification, rendering it a daunting, if not unfeasible, task. FileProtected leverages these complexities to shift the copyright protection landscape in favour of creators.

Worried about AI art copyright? FileProtected has the solution.

The evolving legal landscape around AI-generated content makes it challenging for creators to protect and monetize their AI work. FileProtected addresses this challenge by leveraging the fundamental principle of copyright law— that protection is automatically granted upon a work's creation and fixed in a tangible form. Formal registration with the US Copyright Office is not required.

FileProtected's Creative ID system ensures your AI-generated work meets copyright criteria from the moment it's created. It meticulously documents your human input, creative decisions, and originality to provide the proof needed for AI copyright protection by default. Even if you're using licensed images as part of your creative process, disputes can arise. With FileProtected, your detailed records provide stronger protection and transparency, demonstrating your originality and the transformative nature of your work, mitigating potential legal risks.

• Proof of Ownership: The blockchain record provides clear evidence of the creator's ownership over their AI-generated works, which can be crucial in legal disputes or licensing scenarios.
• Burden of Proof Shift: Rather than the creator having to prove their ownership, any challengers would need to provide evidence disproving the creator's claim, which is a more difficult burden to meet.
• Infringement Deterrent: The robust documentation makes it harder for others to successfully claim ownership or infringe, acting as a deterrent against potential copyright violations.
• Empowerment for AI Creators: This gives AI artists more confidence and legal backing to claim rights, monetize, license, and defend their AI-generated creations.
• Reduced Legal Risks: In the currently uncertain legal landscape around AI art copyright, FileProtected's approach brings more clarity and transparency, mitigating legal risks.
• Future-Proofing: As copyright laws evolve to adapt to AI-generated content, having an immutable record of the human creative process involved can help ensure continued protection.

Moving Beyond Copyright in the AI Era

The digital age has outpaced traditional copyright, designed for a simpler analog world. In this AI-driven era, where deep fakes and derivative works blur the lines of ownership, copyright's limitations are exposed. It's no longer just about protecting unique creations; it's about authenticity, provenance, and trust – issues copyright alone can't address. Recognizing these challenges, FileProtected is designed to go beyond traditional copyright protections. By focusing on authentication, provenance, and trust, we offer creators a comprehensive way to protect their work and assert their rights in an increasingly complex digital landscape.

Enhancing Copyright with Blockchain

FileProtected's blockchain registration verifies the creative process and strengthens copyright claims, but it is not the same as formal copyright registration recognized by law, which may offer additional legal benefits in some jurisdictions. For instance, a formal registration in the US offers eligibility for statutory rights and attorney's fees. However, exercising these rights can be costly due to the high legal fees associated with federal court litigation which can take many years to conclude. FileProtected's blockchain system addresses the limitations and enhances the protection of the current copyright system. It provides an accessible and affordable solution for creators, going beyond formal registration, by providing extensive supporting documentation and verified proof of the creative process.

Benefits of Blockchain without Complexity

FileProtected democratizes the power of blockchain technology, stripping away its complexity and making it accessible for everyday use. By emphasizing user-friendliness and cost-efficiency, the platform allows creators to focus on their work, not the technicalities. FileProtected eliminates the need for cryptocurrencies, gas fees, or digital wallets, FileProtected is just a normal Software as a Service subscription service paid in fiat. Blockchain operates seamlessly in the background, ensuring security, transparency, and immutable records without requiring any technical expertise from the user. This approach unlocks the benefits of blockchain for a wider audience, removing traditional barriers to entry.

Creating the Unimaginable

The battle for ownership rights in AI-generated art is just beginning. FileProtected is at the forefront, crafting a future where collaborations between humans and machines are not only artistically celebrated but also legally safeguarded.

As AI continues to revolutionize the creative landscape, the time for change is now. The need for modernized legal frameworks that recognize the uniqueness of AI-generated content becomes more urgent. Without these adaptations, the digital art world faces a future where the rights and rewards of creative efforts remain plagued by legal uncertainty, hindering innovation and diminishing the economic opportunities for artists on both traditional and new frontiers.

Join Us on the Journey

As we gear up for our official launch, we invite you to explore the possibilities with FileProtected. By signing up for early access, you'll secure 100 free registrations and enjoy exclusive discounts once we officially launch. This is our way of thanking you for your early support and participation.

Furthermore, we're on the lookout for creative pioneers across various mediums, especially those working with AI, to join our Creative Ambassador program. If selected, you’ll receive a complimentary account complete with ample free registrations and full access to all features. Beyond these benefits, expect other unique privileges and surprises as we expand our reach and impact.

Contact: info@FileProtected
Linkedin: Andy Rosen