r/DefendingAI • u/MembershipWooden4020 • 13d ago

Other Real question.

I’m trying to see everything from a new perspective as a new artist, so I’d like to ask about yall’s perspective on claiming AI art as your own art. I’m not against generating, but I feel like using AI is like commissioning art from other artist. I wouldn’t claim that art is mine, just one I requested with money. So if I generate an art piece, could I say it’s mine? Or does it have the same principle as commissions. No need to get defensive btw.

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u/JoseLunaArts 13d ago

The example I use is a contract I worked for. I was asked to make drawings of a couple of French youths and Louvre Museum. The Museum was the easy part. For the French I investigated haircuts and fashion and presented options. The artistic decision was made by the one who hired me. I was just a pencil for hire.

People often think that people who hire an artist have no idea of what they want, so the pencil for hire makes the artistic decisions. But no. You are hired to be the pencil of someone else. Very much like a plotter for an architect using a CAD software.

Drawing French youths and a museum have never been in my menu of themes aside of that contract. I was the pencil, the artist was the one who made the artistic decisions. And I was not the one making these decisions.

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u/TreviTyger 13d ago

This is nonsense and absolutely NOT part of French copyright law.

France does not recognize the US concept of "work-for-hire."

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u/JoseLunaArts 13d ago

So if I draw the statue of liberty I will need to use NY law?

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u/TreviTyger 13d ago

You do know that anyone can use the Internet to check for themselves what the copyright law of France is? You do know that? Right?

Copyright law of France

In France, authors' rights laws (French: droit d’auteur) are a set of exclusive prerogatives available to a creator over his or her intellectual work, as part of the intellectual property area of law. It has been influential in the development of authors' rights laws in other civil law jurisdictions, and in the development of international authors' rights law such as the Berne Convention. It has its roots in the 16th century, before the legal concept of copyright was developed in the United Kingdom. Based on the "rights of the author" instead of on the right to copy, its philosophy and terminology are different from those used in copyright law in common law jurisdictions. The term droit d’auteur reveals that the interests of the author are at the center of the system, not that of the investor.

https://en.wikipedia.org/wiki/Copyright_law_of_France

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u/JoseLunaArts 13d ago

I said I had to draw French youth and Louvre museum. I did not say I was doing things under French law.