The US Copyright Office has ruled that art generated entirely by AI is not copyrightable because it lacks a human author. To gain legal protection, a creator must demonstrate significant human authorship and modification after the initial AI output, shifting the legal focus from the prompt to post-generation creative work.
Solving the AI compensation dilemma isn't just a legal problem. Proposed solutions involve a multi-pronged approach: tech-driven micropayments to original artists whose work is used in training, policies requiring creators to be transparent about AI usage, and evolving copyright laws that reflect the reality of AI-assisted creation.
While generative AI introduces novel complexities, the fundamental conflict over artist compensation is not new. Historical examples, like musicians' families suing record labels over royalties, show these battles predate AI. AI's use of training data without permission has simply become the latest, most complex iteration of this long-standing issue.