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This Sudbury, Ont., illustrator learned AI used his art without his consent

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As AI-generated art becomes more popular a Sudbury, Ont., illustrator was surprised to find his work reflected in some programs without his permission.

Mark Gagne makes his living as a full-time illustrator and multimedia artist through his business, Mindmelt Studio.

He searched a popular database and discovered one of his images, complete with a watermark he added when he posted it to his own website. Through some more searches, Gagne said he found dozens of uses of his work in artwork created by artificial intelligence.

AI tools like DALE-E and Midjourney use natural language processing to understand written inputs and translate them into imagery.

To build those images they draw on vast databases of existing visuals to create derivative imagery in seconds.

“At this point, it’s really hard to say definitively how it would affect my career,” said Gagne.

“I mean, it’s definitely troubling. Say if somebody wants to have an image for a book that they’re publishing, for instance. Instead of coming to me and paying me to commission a piece of artwork for that book cover they’ll just enter in some keywords into an AI art generator.”

Gagne noted there are lawsuits underway against some companies that run AI art generators because artists have alleged they’ve used their work without permission, or proper compensation.

A collage of several illustrations with three circled in white.
Sudbury multimedia artist Mark Gagne says he found some of his work, circled, show up in searches on AI art generators. (Submitted by Mark Gagne)

Notably, Getty Images, a multimedia company that owns a library of millions of images and videos, is suing a company called Stability AI.

In a press statement on Jan. 17 Getty Images alleged “Stability AI unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images absent a license to benefit Stability AI’s commercial interests and to the detriment of the content creators.”

Gagne said AI companies should make it easier for artists to opt out, if they don’t want their work used by art generators.

He added the “Spotify model”, now common in music streaming, could also be applied to visual art. Every time an AI generator references one of his pieces he would receive a small amount of money.

There’s this sense that these AIs can kind of produce anything in a very, very short amount of time.– Aaron Langille, game design professor, Cambrian College

Futurist and technology consultant Jesse Hirsh said the Spotify model is problematic for most artists, because only those at the very top benefit from it.

“Only the Taylor Swifts and the Rolling Stones of the world actually get paid from streaming services, because the fraction of a penny is such a tiny fraction that only the most popular are actually able to make a living,” Hirsh said.

Hirsh said legislation is needed for more “algorithmic transparency,” which would force companies like OpenAI, the creator of the popular ChatGPT and DALE-E, to be transparent with creators and make it easy for them to opt out of their models.

Beyond issues around copyright, Hirsh said AI-generated art will devalue art made by human creators.

“If an artist, let’s say, took a couple of years to produce a graphic novel traditionally, but now someone else is able to create a graphic novel in a week, then that could create a change in the publishing industry where they no longer have the patience for the artist who is deliberate, and painstaking, and careful about how they construct their art,” he said.

Aaron Langille teaches game design at Cambrian College in Sudbury. (Markus Schwabe/CBC)

Aaron Langille teaches video game design at Sudbury’s Cambrian College and has similar concerns.

“There’s this sense that these AIs can kind of produce anything in a very, very short amount of time,” he said.

“So I think artists that are uncomfortable by this, I think that’s a fully justified reaction to this. I think the concerning part is that I don’t think these are going to go away.”

Langille said he could see some creative companies advertising no AI was used to create their content, to differentiate themselves from their competitors.

While he said he has had informal discussions about AI-generated content with his students, he could see it becoming a part of the curriculum as it becomes a more important tool for content creators.

“We will certainly not be bringing it up as a way to reduce jobs or to reduce the human factor, but to maybe reduce some of the strain that’s on the humans that are doing the game design,” Langille said.

 

Morning North7:39A Sudbury-based multimedia artist says apps that use artificial intelligence to create images are stealing his work

The debate continues over whether apps using artificial intelligence help or hinder. Sudbury-based multimedia artist Marc Gagné discovered recently his original artwork is being scraped from the web for use in image-generating apps. He joined us to talk about the issue.

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Home + Away artwork opens in Vancouver’s Hastings Park

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A new art installation now towers over Vancouver’s Hastings Park fields in celebration of the city’s history of spectators and sports.

Home + Away is a sculpture by Seattle artists Annie Han and Daniel Mihalyo of Lead Pencil Studio, which opened Monday in the southeast end of the historic park.

It’s a 17-metre-tall structure that resembles a narrow set of bleachers — similar to the stands of the Empire Stadium, which stood on the site of the park from 1954 to 1993 and hosted The Beatles, among many others. It recalls a covered ski jump that stood there in the 1950s and the nearby wooden rollercoaster at the PNE.

The city says the public is invited to walk the stairs and sit on the benches.

“In addition to being visually striking, this artwork is intended to be ascended, sat on and experienced. It offers exciting experiences of height and views and provides 16 rows of seating for up to 49 people, making for a unique spectator experience when watching events at Empire Fields,” the city said in a release Monday.

The idea for the park to include public art was outlined in the Hastings Park “Master Plan,” first adopted by the city in 2010. The city says Han and Mihalyo first presented their design in 2015.

“It’s wonderful to see this piece realized within the context of such a well-used public space,” said Han.

Home + Away was inspired directly by the site history of spectatorship, and we hope it will connect Hastings Park users to that history and the majestic views of the environment for many decades to come,” added Mihalyo.

The artwork features a large light-up sign, in the style of a sports scoreboard, that reads “HOME” and “AWAY.”

 

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Bill Viola, Video Artist Who Established the Medium as an Integral Part of Contemporary Art, Dies at 73

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Bill Viola, whose decades-long engagement with video proved vital in establishing the medium as an integral part of contemporary art, died on July 12 at his home in Long Beach, California. He was at 73 years old. The cause was complications related to Alzheimer’s disease. The news of his passing was confirmed by James Cohan Gallery.

Viola’s works are centered around the idea of human consciousness and such fundamental experiences as birth, death, and spirituality. He delved into mystical traditions from Zen Buddhism to Islamic Sufism, as well as Western devotional art from the Middle Ages and the Renaissance in his videos, which often juxtaposed themes of life and death, light and dark, noise and silence. These explorations were achieved by submerging viewers in both image and sound with cutting-edge technologies for their time.

“I first used the camera and lens as a surrogate eye, to bring things closer, or to magnify them, to experiment with perception, to extend vision and make lengthy observations of simple objects,” Viola said in a 2015 interview. “Once you do that, their essence becomes visible. So I suppose I was always interested in the inner life of the world around me.”

Beginning in the 1970s, Viola created videotapes, architectural video installations, sound environments, electronic music performances, flat panel video pieces, and works for television broadcast—all of which expanded the scope of the medium and established Viola as one of its most notable practitioner.

Video still of a man diving into water that has been reversed. The image is mostly black and teal.

In 2003 the Whitney Museum of American Art in New York; Tate, London; and the Centre Pompidou in Paris jointly acquired Bill Viola’s 2001 three-channel video installation Five Angels for the Millennium.

Photo Kira Perov/©Bill Viola Studio

Bill Viola was born in 1951. He grew up in Queens and Westbury, New York, and attended P.S. 20 in Flushing, before receiving his BFA in experimental studios from Syracuse University in 1973. There, he studied with visual art with the likes of Jack Nelson and electronic music with Franklin Morris.

Following his graduation, between 1973 to 1980, Viola studied and performed with composer David Tudor in the music group Rainforest, which later became known as Composers Inside Electronics. He also worked as technical director at the pioneering video studio Art/tapes/22 in Florence, Italy from 1974 to 1976. During that time he encountered the work of other seminal video artists like Nam June Paik, Bruce Nauman, and Vito Acconci.

Viola was subsequently an artist-in-residence at New York’s WNET Thirteen Television Laboratory between 1976 to 1983, wherein he created a series of works that premiered on television. He traveled to the Solomon Islands, Java, and Indonesia to record traditional performing arts between 1976 and 1977. Later that year, Viola was invited to show work at La Trobe University in Melbourne, Australia, by cultural arts director Kira Perov, with whom he married and began a lifelong collaboration.

He was appointed an instructor in advanced video at the California Institute of the Arts in Valencia, California in 1983. He was the Getty Research Institute scholar-in-residence in Los Angeles in 1998 and was elected to the American Academy of Arts and Sciences in 2000.

In 1985, Viola received with a Guggenheim Fellowship for fine arts, and later that decade, in 1989, he was awarded the MacArthur “Genius” Fellowship. His work was also featured in some of the world’s most notable exhibitions, including Documenta VI in 1977, Documenta XI in 1992, the 1987 and 1993 editions of the Whitney Biennial, and the 2001 Venice Biennale.

In 1995, he represented the United States at the 46th edition of the Venice Biennale. For the pavilion, Viola produced the series of works “Buried Secrets,” including one of his most known works The Greeting, which offers a contemporary interpretation of Pontormo’s oil painting The Visitation (ca.1528–30). The Deutsche Guggenheim Berlin and New York’s Guggenheim Museum commissioned the digital fresco cycle in high-definition video, titled Going Forth By Day, in 2002.

Viola’s work was the subject of a major 25-year survey at the Whitney Museum of American Art in 1997, which subsequently toured internationally. His work has been the subject of major museum retrospectives in the years since, including at the Grand Palais in Paris (in 2014), the Palazzo Strozzi in Florence (2017), the Guggenheim Bilbao in Spain (2017), and the Barnes Foundation in Philadelphia (2019), as well as an exhibition pairing his work with that of Michelangelo at the Royal Academy of Art in London in 2019.

Viola is survived by his wife Kira Perov, who has been the executive director of his studio since 1978, and their two children.

“One thing that’s very exciting about video that has turned me on since I first saw this glowing image way back in 1970 is that it can be so much,” Viola said in a 1995 with Charlie Rose on the occasion of this US Pavilion at the Biennale. “Furthermore, what’s really exciting is I don’t think it’s been since really the Renaissance where artists have been able to use a medium that one could say is the dominant communication form in society.”

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Couple’s winning art projects adorn overpass

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Annabelle Harvey and Corbin Elliot are partners: in life, love, and art. Thanks to their creative pursuits, now they are also joined in the recognition of their work along the Lakeshore overpass.

The City of North Bay, in collaboration with the Public Art Advisory Committee (PAAC), recently held an event to acknowledge the successful applicants for the Lakeshore Drive overpass banner project. This initiative features 14 artworks created by local artists, highlighting the ongoing commitment to bringing public art to the community and celebrating local talent. The banners were installed early last week.

On behalf of PAAC, Katie Bevan noted that 71 submissions were received for the banner art project. “Selecting just 14 artworks from such outstanding submissions was no small feat. It truly highlights the incredible creativity within our community — and it’s only growing.”

Bevan acknowledged all who submitted their work and congratulated the 14 winners:

  • Caitlin Daniel
  • Corbin Elliot
  • Adam Fielder
  • Ian Gauthier
  • Ruby Grant
  • Annabelle Harvey
  • Penny Heather
  • Robert Johannsen
  • Robyn Jones
  • Gerry McComb
  • Victoria Primeau
  • Tessa Shank
  • Rana Thomas
  • Claudia Torres

“This is the first time I’ve participated in something city-wide, and I’ve been really interested in getting more involved in the art community,” said Harvey, a teacher by vocation when not helping to beautify North Bay. “I’ve worked a lot with the WKP Kennedy Gallery and I’ve been putting in submissions for some of their group shows. So, this is a cool opportunity to try something new. This is the first time I have done digital work. Usually, I like painting and collage. So I was interested just to try something new.”

In September 2023, public art gained more prominence in North Bay as 12 pieces by eight local artists selected by the Public Art Advisory Committee were placed on aluminum panels mounted onto the public buildings in both Champlain and Sunset parks.

Harvey’s partner Elliot is an emerging artist and a Fine Arts graduate from Nipissing University who says his passion for bringing his vision to life has only grown, thanks, in part, to these public art initiatives.

“There is so much opportunity to have a lot of different public art in different spaces,” he says. “So, when I saw that there was a variety of different artists and voices being accepted, of course, I wanted to have my vision out there in the city, to make my mark and be a part of that kind of trajectory of building the art scene within the city.”

The couple share a studio space, often working on separate projects at the same time while collaborating with encouragement and ideas.

“We are working on different mediums, a lot of the time,” Elliot said. “We have our own corners set up in the studio and I’ll usually be on my easel and Annabelle will be doing something…”

Harvey picked up his thought, “I’m usually at my desk doing pottery, jewellery, collage — I do a lot of different things.”

2024-07-12-lakeshore-overpass-banner-art-elliot-harvey-2-campaigne
Couple Annabelle Harvey and Corbin Elliot each earned a spot among the 14 winning banner art projects. Stu Campaigne/BayToday

For Harvey, working so closely together is her “favourite part, especially watching his creative process.”

Elliot added, “I think I’m more non-verbal as I’m creating. I often hear you saying, ‘Oh, I think I like this.'”

Both have active Instagram pages featuring their artwork, Harvey’s can be found here, and Elliot’s here.

Elliot has a show at the WKP Kennedy Gallery, entitled “Upon a Star,” opening Sept. 13. “I’ll have my own solo exhibition. I typically work in painting. I have a big body of work with paintings,” he said.

The City of North Bay and PAAC encourage everyone to take a moment to appreciate these works of art when passing by the overpass.

Harvey and Elliot are thrilled about the banner art project.

“It’s like seeing your vision come to life. We’ve had lots of friends, even before we saw them today say excitedly, ‘I saw your work on the overpass,’ it’s just a proud moment to have so many eyes on our work.”

 

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