INSPIRATION & INFRINGEMENT IN THE AGE OF AI
- Feb 21
- 4 min read
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MEETING SUMMARY
The Alumni Association of the New York Academy of Art hosted a panel discussion on "Inspiration and Infringement in the Age of AI," featuring legal experts Anna Kraske and Stephanie Drawdy. The panelists explored copyright law, fair use, and the challenges artists face with AI-generated works. They discussed recent court cases involving famous artists like Jeff Koons and the implications of AI for creative practice. The conversation touched on topics such as ethical AI use, protecting artwork from AI-based infringement, and the role of copyright registration. Panelists also addressed questions from attendees about AI's impact on art education, the differences between human and AI copyright infringement, and strategies for artists to protect their work in the digital age. The event concluded with a call for Alumni involvement in the Association's volunteer efforts.
ANNA KRASKE
Anna Kraske is an artist and attorney with extensive experience in the practical application of intellectual property law for creatives. Formerly Vice President & Associate General Counsel of The Donna Karan Company, Anna regularly lectured on protectability of artistic expression and led anticounterfeiting efforts for the company. Prior to her career in fashion/retail, Anna was involved in the art law community in New York, serving as the editor in chief of the Journal of Law and the Arts at Columbia Law School and working in the legal departments of MoMA and the Guggenheim Museum.
STEPHANIE DRAWDY
Stephanie Drawdy is an artist, attorney and host of Warfare of Art and Law podcast. She presents keynotes and workshops on art law issues with a focus on emerging technology’s impact on art, culture and artists’ rights. After graduating from New York Law School, Stephanie received a diploma in Art Profession Law and Ethics from the Institute of Art and Law. She offers discourse on art law issues in collaboration with TRTCLE, Institute of Art and Law, Lawline and Center for Art Law. She has been a contributing author for the Second Edition of Museums and the Holocaust, Institute of Art and Law’s blog and its quarterly Art Antiquity and Law Journal. In 2024, her contributions to the Journal included co-authoring “AI, Art and Copyright: Part I” that deals with AI inputs and “AI, Art and Copyright: Part II” that deals with AI outputs. Stephanie serves as a member of the New York City Bar Association’s Art Law Committee and co-chair of the Pro Bono Committee for the New York State Bar Association’s Entertainment, Arts & Sports Law Executive Committee. Stephanie can be contacted at Stephanie@warfareofartandlaw.com. To learn more, please visit: https://linktr.ee/stephaniedrawdy
Art Copyright and Fair Use
The panel explored how artists can protect their work from being appropriated by others, examining several landmark cases including Jeff Koons' controversial use of copyrighted images and Tom Forsyth's critique of Barbie. The discussion highlighted the subjective nature of fair use determinations, with cases often turning on factors such as the purpose of use, the amount of copyrighted material employed, and the impact on the market value of the original work.
International Copyright Law Case Studies
Anna presented a series of legal cases involving copyright infringement and transformative use in art, focusing on the international context, the Shepard Ferry case, Cariou vs. Prince, and Warhol Foundation vs. Goldsmith. Anna explained the outcomes, key details, and implications of each case, highlighting the complexities and controversies surrounding copyright law and artistic expression. Anna emphasized the importance of considering specific facts and backgrounds in copyright cases and expressed skepticism about certain judicial decisions. She concluded by noting the unpredictability of copyright law and invited questions from the audience.
AI Copyright Challenges for Artists
Stephanie discussed the challenges artists face with generative AI, highlighting concerns about copyright infringement and the subjective nature of copyright law. She explained how AI models can create large volumes of work based on scraped data, raising questions about artists' rights and the fair use doctrine. Stephanie noted that many lawsuits are pending in the U.S., with courts often reaching contradictory decisions due to uncertainties about AI technology. She emphasized that showing market harm is crucial for artists seeking legal recourse against AI-generated works.
Copyright Challenges for Artists
Stephanie discussed the challenges artists face in proving market harm in copyright cases involving generative AI, highlighting conflicting court decisions and the need to consider market dilution. She noted that the U.S. Copyright Office's pre-publication report suggested a broader approach to market harm, while other courts focused narrowly on piracy issues. Stephanie also explained the difficulties artists face in proving copyright infringement under the Digital Millennium Copyright Act and the need for potential legislative changes to address these issues. She concluded by emphasizing the importance of artists engaging in policy discussions to protect their rights in the evolving landscape of generative AI.
Ethics and Evolution
The group discussed the legal and ethical implications of AI-generated art, focusing on the source material and the risk of homogenization. Anna and Stephanie explored the potential of AI as a tool for artists, particularly for those with disabilities, and Lisa shared information about a developing app aimed at assisting artists. The conversation concluded with a discussion about the role of AI in the context of art history and humanity's creative evolution.
Copyright and Creativity
The group discussed the intersection of AI and art, focusing on copyright, ideation, and ethical considerations. Haneen shared her PhD research on AI's impact on the ideation phase of art, while Anna and others debated the nature of AI-generated work and its relationship to human creativity. The conversation touched on copyright protection, with Anna explaining the differences between creator copyright and registered copyright, and Stephanie discussing the benefits of registration. The group also explored the philosophical implications of AI in art, including the potential for ethical AI use and the debate over whether AI truly creates new work or merely remixes existing content.
Art and Online Protections
The meeting focused on discussing online protections for artwork and the use of AI in art education. Stephanie explained various methods to protect images online, including watermarks, encryption. The group debated the use of AI in art ideation versus implementation. The conversation also touched on the potential need for shorter copyright terms for online works.
At the close of the discussion, Lisa Lebofsky announced upcoming events for the Alumni Association, including monthly online drawing sessions and an in-person drawing event at the Academy.
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