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AI Artwork's Growing Spread Raises New Questions About Digital Copyrights

Oct 10, 2022


Type in a prompt like “email,” and several entirely original stock images of computers and messaging will be created instantaneously. A few more clicks and inputs will generate a host of text snippets suggested for ad copy.That’s how a new tool from a startup called Omneky lets brands—usually growth-hungry apps and ecommerce sites—pair artificial intelligence-generated photorealistic images with passable machine-made copy and post the results directly to social and video platforms.

Whether or not brand output is applicable for protection is less important for the kinds of companies Omneky’s AI platform caters to, which are mostly looking for stock art to display in performance marketing-style digital ads. Hikari Senju, founder and CEO of Omneky, said while the output images of the tool might not be up for copyright protection, they are different enough from the training data to constitute a unique creation.


“My dad is actually an artist … and the thing with art is that artists copy each other all the time,” Senju said. “Even before generative art, there was this question of what constitutes original content; what is sufficiently original versus what is copyrightable or copyright defensible. Generally, as long as you can prove that the concept or idea is sufficiently novel or original, even if you’re using other people’s assets, that is a piece of artwork.”

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