Abstract
Generative art linked to non-fungible tokens (NFTs) is an extremely popular genre of art in the NFT universe. Many of the most famous NFT projects—CryptoPunks, Bored Ape Yacht Club, World of Women, Azuki, Chromie Squiggles, Clone X, and Moonbirds, just to name a few—involve generative art. But there is a potential copyrightability problem with generative art:
Under current United States copyright law, many examples of generative art might be held to be uncopyrightable.
Why does generative art fail in the copyrightability analysis? As discussed below, it is because the work might lack a human author. And at present, the U.S. Copyright Office says that a non-human origin and creation narrative disqualifies the art from copyright protection.
Artists and creatives who mint generative NFTs, collectors and investors who purchase and use them, and art law attorneys all should have a clear understanding of the copyright implications involved with different forms of generative art. This Article seeks to educate each of these audiences and bring clarification to the issues of copyrights in the world of generative art NFTs.
Document Type
Article
Publication Date
2023
Repository Citation
Murray, Michael D., "Generative and AI Authored Artworks and Copyright Law" (2023). Law Faculty Scholarly Articles. 779.
https://uknowledge.uky.edu/law_facpub/779
Notes/Citation Information
Michael D. Murray, Generative and AI Authored Artworks and Copyright Law, 45 Hastings Comm. & Ent. L.J. 27 (2023).