News & trends

Canadian Artists Embroiled In Lawsuit Over Copyright Of AI-Generated Art

‘All We’d Ever Need Is One Another’, mixed media installation by Adam Basanta, 2018. Photo by Guy L’Heureaux.

Basanta, like many others, wanted to explore the limits of computer creativity and did so by creating an installation which autonomously self-generates images without human input. Unlike other AIs we’ve discussed in previous posts, Basanta’s process doesn’t involve the training of AI using data mining. Instead, the works are generated via a process involving scanners which capture light hitting glass, computer-generated mouse movements, and analysis by a series of deep-learning algorithms which determine whether or not the final product is ‘art’.

One of the works that passed the algorithms ‘art test’ attracted the attention of Amel Chamandy, the owner of Montrealian Galerie NuEdge. She filed a lawsuit in the Quebec Superior Court in August alleging that the work breaches copyright related to her photographic work ‘Your World Without Paper’ (2009), as well as the trademark she owns on her name.

Your World Without Paper by Amel Chamandy.

Information law specialist, Teresa Scassa, a professor at the University of Ottawa, expects this to be the “tip of the iceberg for this kind of litigation in Canada”. Given the mushrooming popularity of AI in the creative industry, it’s likely that the legal industry will want to test the boundaries of the copyright and trademark protections that exist.

We have no indication as to the likely outcome of the case as yet. Given the debates raging around the world about copyright and AI-generated artworks, there’s certainly plenty of interest in the outcome from both legal and artistic communities.

The piece generated by the machine installation ‘All We’d Ever Need is One Another’ which allegedly infringes the copyright and trademark of Amel Chamandy’s above artwork.

admin

Recent Posts

.ART Turns 8!

8 Years, 300,000 Creatives, and 8 Artists and Institutions Who Inspire Us This week, we’re…

4 days ago

In Their Words

This article appeared in the May/June 2025 issue of Museum and reprinted with permission by…

4 days ago

Introducing the ARTIST HANDBOOK by .ART: a Practical Guide for Creative Careers

Published to mark .ART’s 8th anniversary, this new resource is built for artists navigating today’s…

5 days ago

How Digital Archiving is Saving Art History for the Future

Art history has always relied on preservation, documentation, and accessibility to survive across generations. Traditionally,…

1 week ago

What Art Collectors Look for in Emerging Artists (and How to Get Noticed)

Breaking into the art market can feel overwhelming, but understanding what collectors are looking for…

2 weeks ago

Axelia Rose: Visionary Grant Winner on Life, Web3, and the Future of Art

Axelia Rose (www.AxeliaRose.art) is a visual artist and the first ever recipient of .ART's Winter…

2 weeks ago