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Who Owns This Artwork?: AI-Based Art Creation and Copyright Issues

Who Owns This Artwork?: AI-Based Art Creation and Copyright Issues
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Author(s): Recep Ünal (Mersin Üniversitesi, Turkey)and Ahmet Taylan (Mersin Üniversitesi, Turkey)
Copyright: 2025
Pages: 16
Source title: Understanding Generative AI in a Cultural Context: Artificial Myths and Human Realities
Source Author(s)/Editor(s): Erkan Saka (İstanbul Bilgi Üniversitesi, Turkey)
DOI: 10.4018/979-8-3693-7235-7.ch015

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Abstract

Does the use of digital technology in the creation of an artwork classify that technology as the artist? This question can likely be answered with relative certainty. However, if the same technology generates entirely new content by “learning” from various artists' works, does the resulting product qualify as a new “artwork”? And if it does, who owns this “new” creation? At this juncture, finding a clear answer is not straightforward. The issue of copyright, a long-debated topic in the realm of ideas and artistic works, has been reignited with the advent of artificial intelligence. In this chapter, the issue of artificial intelligence-based artworks produced “without inspiration” or “without human intervention” will be discussed from the perspective of copyright. Through the examination of case studies, we will address the potential problems arising from the use of AI technologies in art creation and the possible consequences they might have in the future.

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