The use of work created through generative, so-called “artificial intelligence” machine learning programs (where a computer/machine learns information such as other artists’ past work, art style, character or image descriptions, and then uses that learned knowledge to generate new imagery) remains a hot topic across the creative world, including in TV and film (where the use of AI became a major issue during the recent Hollywood actors’ and writers’ strike) and comics (in recent months, many artists have been accused of using these generative art programs to create comic book work). Just recently, Etsy made its stance clear on AI art, and Dark Horse Comics, home to Hellboy and many other acclaimed comic book series, came out against the practice altogether.
In a statement about AI art, Dark Horse said that Dark Horse comic book creators are contractually prohibited from using AI art in Dark Horse comic book projects, adding: “Dark Horse is committed to supporting AI art. human “We invite creative professionals into our business” (emphasis added).
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What is Dark Horse’s complete statement about AI art?
Dark Horse released the statement on its Facebook account.
To answer some frequently asked questions, here are some notes from Dark Horse on AI-generated material:
Dark Horse Comics was originally founded to establish an ideal publishing environment for creative professionals and remains committed to supporting independent creators to this day. As such, Dark Horse does not support the use of AI-generated materials in the works we publish. Our contracts include language in which creators agree that their works will not consist of materials generated by a computer artificial intelligence program. Dark Horse is committed to supporting human creative professionals through our business.
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When it comes to AI art, what are the legal challenges for a company like Dark Horse?
The U.S. Copyright Office has made its position clear ever since comic books were used for AI art. Zaria of the Dawnwas created by AI art (the artwork was created using a generative AI art program, Midjourney), but was denied copyright. [Zarya writer] Kashtanova was controlled and guided to achieve her desired image. [the A.I. art generator Kashtanova used] “Midjourney generates images in unpredictable ways. Therefore, Midjourney users are not the copyright ‘authors’ of images generated by this technology.”[b]Because there is such a large disconnect between what a user tells Midjourney to create and the visual material Midjourney actually produces, Midjourney users do not have enough control to be treated as a ‘mastermind’ over the generated imagery.”
So if AI art is not copyrightable, it becomes a huge legal liability for comic companies, even if the company’s ethical beliefs mean they don’t want to work with AI art.
Source: Dark Horse via Facebook