I recently spoke with TechRadar about the recent social media trend of AI-generated images in the style of beloved animation company Studio Ghibli and the IP considerations surrounding such works.
Copyright law in the US does not protect ideas or styles but instead protects “original works of authorship fixed in any tangible medium of expression.” One artist creating a work “in the style of” some other artist has been happening for centuries. What we are seeing with generative AI adds two new factors: (a) the scale, volume, and speed with which new works can be generated, and (b) the fidelity with which these rapidly generated new works can mimic the style of the original.
Although copyright law doesn’t protect styles per se, there are some other legal doctrines in other contexts that might provide some guidance. For example, if someone were to represent that one of these GenAI-created images is, in fact, a product of Studio Ghibli, then it could give rise to issues, such as false designation of origin, under trademark and unfair competition laws. And in the case of individual persons, we are starting to see some expanded protections under the “right of publicity” for a person’s name, image and likeness. In some instances, this can include a “voice likeness” as well as works where the person’s actual image or likeness was not used.
"These issues are really testing the boundaries of copyright and other intellectual property laws, as they have stood for generations. Advocates on both sides of the issue are arguing for legal reform to accommodate these new circumstances. Private-law remedies, such as contracts and terms-of-use, may also come into play." - Chris Mammen
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