Art

Jason Allen’s AI art won the Colorado fair — but now the feds say it can’t get a copyright

Published

1 year ago

September 6, 2023

The federal office found that Allen is not the “author” of the piece. Instead, the office wrote, “his sole contribution to the Midjourney Image was inputting the text prompt that produced it,” and then making visual modifications afterward. The office has found previously that copyright law is meant to protect human authors, not machines.

In earlier guidance, the office wrote: “[W]hen an AI technology receives solely a prompt from a human and produces complex written, visual, or musical works in response, the ‘traditional elements of authorship’ are determined and executed by the technology—not the human user.”

The Copyright Office pointed to numerous other cases in which the courts have rejected non-human authors, including one involving a book purportedly authored by “non-human spiritual beings.” (The decision also referenced a dispute about whether a monkey’s selfie could be copyrighted.”)

Jason Allen prepares a print of his AI-assisted illustration, “Théâtre D’opéra Spatial,” for photographing in Denver’s Pugasus Studio. Sept. 2, 2023.

Allen argues that he was merely using Midjourney as a tool, much like an artist would use a brush. In the earlier interview, which was conducted before the latest decision, he said the idea came to him while he was nearly asleep one night.

“I had a literal vision of women in Victorian dresses wearing space helmets. I was in a hypnagogic state halfway between awake and dreaming, and I was like, ‘Oh, wow. This is something I’ve never thought of or seen. Oh, I could put this into Midjourney,” he said.

He inputted “at least 624” text prompts before Midjourney delivered the image he envisioned, according to the Copyright ruling.

These were used to adjust the scene, tone and focus of the image, he argued to the Copyright Office, including details about “how colors [should be] used” and what style and era of art the image should display. He used a “writing technique” for prompts that he had “established from extensive testing.”

“Art doesn’t create itself, and as much as you might want to will a paintbrush to create a painting for you, it’s not going to,” he said in the interview. “And right now, we’re just talking about it being [created by] a much more complex system, a much more complex tool, but it is multimodal by nature, which means it requires human interaction in order to function.”

After Midjourney output the base of the image, Allen then used Adobe Photoshop to “remove flaws and create new visual content” before feeding the image into another platform, Gigapixel AI, to increase its resolution and size, according to the latest copyright decision. The work won the blue ribbon in the “digital art/ digitally manipulated photography” category of the Colorado State Fair Fine Arts competition, leading to national interest as well as intense criticism from some artists.

Allen argues that his role in directing the AI and shaping the image included “the essential element of human creativity,” according to the latest decision.

“The problem that the Copyright Office is being faced with is the fact that you cannot separate the human component from the artificial intelligence software in order to achieve anything,” Allen said in the recent interview.

The Copyright Office has now rejected Allen three times since last December, saying this week that Allen did not have true “creative control” of the work. It has held that only the “visual edits” that Allen added to Midjourney’s output could be copyrighted.

The decision follows several other rejections of attempts to copyright AI works.

Jason Allen measures a print of his AI-assisted illustration, “Théâtre D’opéra Spatial,” at the Pugasus Studio in Denver. Sept. 2, 2023.

Allen’s next option is to sue in court. His and other cases could have profound impacts on the development of the AI economy. If users cannot get copyright protections for generative AI’s images, they may struggle to profit, and large companies may become hesitant to use the technology.

Tech giants like Adobe and Microsoft already are building generative AI into the core of their software, from Microsoft Office to Photoshop. Allen described the Copyright Office’s stance as creating a “void of ownership troubling to creators.”

Other artists, though, have opposing concerns: a group of visual artists is suing AI makers, arguing that the use of their original works to help develop the engines is tantamount to theft.

In earlier guidance, the Copyright Office acknowledged that humans might use AI to help create art. But it said the question was just how much control and direction the human had of the work.

“If all of a work’s “traditional elements of authorship” were produced by a machine, the work lacks human authorship, and the Office will not register it. If, however, a work containing AI-generated material also contains sufficient human authorship to support a claim to copyright, then the Office will register the human’s contributions,” the office wrote.

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Art

Calvin Lucyshyn: Vancouver Island Art Dealer Faces Fraud Charges After Police Seize Millions in Artwork

Published

3 days ago

September 13, 2024

Harry Miller

In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.

Alleged Fraud Scheme

Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.

Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.

Massive Seizure of Artworks

In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.

Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.

Artwork Returned, but Some Remain Unclaimed

In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.

Court Proceedings Ongoing

The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.

Impact on the Local Art Community

The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.

For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.

As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.

While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.

Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.

As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.

Art

Ukrainian sells art in Essex while stuck in a warzone – BBC.com

Published

2 weeks ago

September 2, 2024

Harry Miller

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Ukrainian sells art in Essex while stuck in a warzone BBC.com

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Art

Somerset House Fire: Courtauld Gallery Reopens, Rest of Landmark Closed

Published

4 weeks ago

August 18, 2024

Harry Miller

The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”

On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.

Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”

The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.

Blaze in the West Wing

The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.

About Somerset House

Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.

Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.

Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.

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