Art Festival Newsletter | May 2023

Can Art Created Using AI Be Copyrighted?

AI technology has found its way into every corner of our lives, so it is only natural that creative professionals would use art generator tools to their advantage.


While AI-produced art has been around for some time, software released this year including, DALL·E 2Midjourney AI, and Stable Diffusion, has allowed even the most inexperienced artists to produce intricate, abstract, or photorealistic compositions by merely typing a few words into a text box. Within seconds, they produce millions of image options. While not every one of those pieces may be an actual masterpiece, they could certainly deliver inspiration to human artists.


With collaborations between human artists and machines growing, what are the legal concerns involved? Human art creations, whether they were created in collaboration or by a single individual, are protected by copyright protection laws. So once an AI-generated masterpiece is created, what’s stopping someone from claiming it as their own and using it commercially or preventing others from using it? How can laws that were effectively devised hundreds of years ago apply to a technology or a form of intellectual creation that is just emerging?


Copyright registration and protection laws currently recognize the creative input of the artist. Being recognized as the owner of a piece allows artists to sell permanent or temporary rights to reproduce their pieces. Standards require the artwork to be an original, fixed in a tangible medium, and demonstrate a minimal amount of creativity.


Unsurprisingly, current copyright law does not specifically mention human authorship or artificial intelligence. However, current interpretations by the U.S. Copyright Office have made it clear that securing a copyright claim for a work of art requires human involvement in the creation of the work.


An artist looking to collaborate with an AI art generator has created a piece that they are looking to enhance with the help of software. Does that mean the owner of the software gains rights? To answer that question, we need to look at the fine print in the terms of use of the tool in question.



Open AI, the owners of DALL.E2 have carefully worded their terms to give the rights to the (human) creator who delivered the original creative input. At the same time, they make it clear that the nature of machine learning and artificial intelligence means that similar results may be delivered to another creator. That second creator would then own the second output. OpenAI also gives users full usage rights to commercialize the images they create with DALL·E, including the “right to reprint, sell, and merchandise.”


Apart from ownership rights of the AI-generated artwork, there are additional copyright concerns that may arise. There may be infringement claims on the final image based on copyrighted artworks inputted into the AI at the time of machine learning which may infringe the rights of copyright holders.


There is currently no complete protection from intentional or unintentional unauthorized use of copyrighted images. If there was substantial contribution from a team or a person who provided substantive inputs deemed creative enough for the ultimate output of the work, then they could potentially own copyright in the work. If the design, however, was significantly attributed mainly to the AI or the program, then the work would likely not be copyrighted and would possibly belong in the public domain.


This will be a fascinating issue that Art-Linx will continue to cover.

Last Chance to APPLY: Click logo for more information!

Port Warwick Art & Sculpture Festival

Newport News, VA

October 14-15, 2023

Application Deadline 5/15/23


Halifax Arts Festival

Daytona Beach, FL

November 4-5, 2023

Application Deadline 7/2/23


Space Coast Art Festival® 

Viera, FL

October 14-15, 2023

Application Deadline 7/7/23

The NAIA (National Association of Independent Artists) would like to provide a resource on its website for anyone seeking information on emerging artists' programs. This would include artists and other show directors.


Please provide Cindy Lerick with information (cindy@artofeventsllc.com) on your emerging artists program.

Social Media Verification - Will You Pay?


Verification badges have been a prominent feature on social media platforms for several years to indicate that the account was authentic and belonged to a public figure, celebrity, or brand. Until now, verification badges were only given to accounts that met specific criteria set by the platform. These criteria included the account's follower count, engagement rate, and likelihood of being impersonated.


Meta is now taking a different approach by launching a paid verification-badge program. This badge is intended to help users build credibility and trust with their followers and audience. This seems to be targeted

at users who already spend a significant amount of time on the platforms.


Features include access to unique content, experimental features, fewer advertisements, improved account protection like two-factor authentication and monitoring for impersonation and the ability to post longer content and higher-quality media. 


Elon Musk's Twitter experiment has revealed that people are still willing to pay for an enhanced experience, reflecting the shift away from the earlier model in which users were the product rather than the customers. Platforms like Facebook, Instagram, and TikTok have made billions from the data they collect, using it to serve up targeted ads. This model is changing rapidly as Apple now offers an opt-out feature for tracking user data. Subscription-based services that offer a better user experience will be coming soon as the model is already developed with streaming services that many are willing to pay for an improved service.


It will not be long before these services are offered in the US and we will continue to dicuss how they affect the artist community and our abilities to engage with our patrons.

Art Pricing Strategy

Every artist should have a pricing strategy that is not just about the cost of materials and time, your art is unique and so you have to think long term about your prices. This is not just about the next sale, but also for the other sales that will follow. Is there enough demand to support the price you’re setting? Will the market support even higher prices? Can you afford to keep producing art at the current price?


People buy art from people they like and trust. The price of your art should take that into account. Since your creation is not a commodity, intangible considerations also influence the price, such as:

  • The emotional reasons people want your art
  • The emotional energy you put into it
  • The value your collectors place on knowing you, the creator of the piece


Pricing your art to acknowledge both the visible and invisible factors is a much more inclusive pricing strategy than just adding up the cost of materials, and the hours you spent creating the piece, although they do factor in the decision.


Visible factors include calculating the actual costs—both direct and indirect—that go into making work. Direct costs include supplies, materials, equipment, payments to assistants, show fees, photography, marketing. Indirect costs include studio rent, utilities, website, insurance, to name a few. If you are going to spend time calculating costs, make sure you calculate all of them.


Invisible factors include your customers The more you get to know your customers, the more information you’ll have about the price range they see as reasonable. Their perspective matters because without customers, works stay in our studios. Remember, the more unique your art is, the less competition you have, and the more control you have over the prices in your particular niche. Since price is not absolute, you should try to find the “sweet spot” that works for you and your collectors.


Your retail prices for your art should always be consistent. Everybody loves a bargain, but you don’t have to sacrifice money for a sale. If a buyer wants to negotiate, focus on scope not price. Keep your retail price firm and offer payment plans, art installation, or ship for free. You can also offer an extra piece of art (a print, for example) for purchases over a certain dollar amount and state the value of the gift. Suggesting one of your less expensive pieces that matches the amount the collector wishes to pay is always an option.


Truly loyal collectors will buy your work at the price you’ve listed because they love it, and trust you. Offering some additional perks, however, may bring in sales from buyers sitting on the fence

Printable Packing List - Click to Print and Use

At a recent show that I ran, artists were missing many items as this was the first show of the spring. I created this list to help you with your show packing, Click to print, use for each show and have a smooth setup and great sales for the rest of the year.

Contact Robin Markowitz at Robin@Art-Linx.com

The Art-Linx website has the most current Call to Artist information

www.Art-Linx.com