Colorado Attorney Morgan English Assisting Artists with Copyright and AI

In Denver, Colorado, an attorney with a passion for both art and law is creatively guiding artists through the maze of copyright laws intertwined with the emerging complexities of artificial intelligence (AI) in the arts. As both an artist and a lawyer, she recognized a pressing need in the creative community soon after obtaining her law degree.

Upon returning to Colorado post-graduation, she engaged in the local art scene not only by producing her own work but also by conducting AI-focused workshops. They covered how AI intersects with artistic creation, which led to an epiphany: she could bridge the gap between the art world and legal regulations. Through partnerships, such as those with Colorado Attorneys for the Arts (CAFTA) to offer pro bono services, her goal was to empower fellow creators.

The attorney emphasizes to artists that while the concept of an idea is free for anyone to use, the tangible manifestation of that idea is not. For instance, creating a narrative about wizardry within an educational setting is fair game, but when specific details closely mimic existing copyrighted works – say, a wizard with a remarkable similarity to a certain bespectacled literary character – then one tiptoes along the line of intellectual property infringement.

AI’s introduction to the arts has certainly amplified these legal intricacies. Many AI tools, including AI images generators and AI video generators, leverage vast databases of art to learn and create new works. The controversy arises over the fact that databases are often compiled without the artists’ knowledge, consent, or compensation. The attorney describes the situation as a quest for four critical components: credit, compensation, transparency, and consent.

Recent legal actions reflect the tension surrounding AI-generated content, including litigations involving high-profile entities. Legal experts are grappling to establish clear guidelines and procedures to navigate these uncharted waters.

For artists wanting to safeguard their intellectual property, the attorney’s top advice is clear and straightforward: copyright your work. Registering works with the U.S. Copyright Office is a relatively quick process, capable of being completed in as little as 20 to 30 minutes. Such registration emboldens artists with expanded protections. While original works produced since 1976 are inherently protected, registration is a prerequisite for initiating legal action to enforce these rights.

Local artist Maryellen Russo shared how the attorney’s counsel proved invaluable while she was immersed in creating a significant assemblage piece. Concerned that certain aspects of their artwork might breach copyright or patent laws, Russo and her team benefited from the attorney’s legal expertise and encouraging guidance. The advice not only clarified legal boundaries but instilled confidence to proceed with their artistic endeavor.

Russo reflects on the convoluted nature of intellectual property law – a field where inexperience can lead to inadvertent violations, acting as a deterrent for artistic expression.

As traditional artistic practices increasingly blend with AI tools like AI text generators and artificial intelligence generated images, there is a clear need for U.S. art laws to evolve accordingly. The pace of technological advancements presents challenges for current legal frameworks to adapt and for artists to remain informed.

For artists who frequently visit online platforms for the latest AI news & AI tools, this intersection of AI and copyright law underscores the pressing need for vigilance and continuous education. The dynamic between evolving AI technologies and copyright laws is forging new frontiers for artists, legal professionals, and legislators alike. To stay abreast of these developments and confidently navigate the legal terrain, artists must seek specialized guidance and proactively protect their creative works.