What are the general legal watchouts to look for, when using artificial intelligence to create underlying art for an NFT?
Select jurisdiction
Greece
In Greek law, the objects of protection under copyright law are works created by
humans, therefore works produced exclusively by means of artificial intelligence
systems are not protected by the provisions of copyright law. Therefore,
creations/innovations can be generated through AI, but only a human deviser can be
an applicant as creator of IP rights. If the artwork was created with no human
intervention, then it will probably fall into public domain.
Brazil
According to article 11 of the Copyright Law (Law 9.610/98), an individual who creates a literary, artistic, or scientific work is considered an author. Therefore, a work created by Artificial Intelligence may not be considered copyrighted. Another important precaution is that AI does not produce new works from protected works without authorization from previous authors and/or owners.1.3.8 Can I create an NFT collection of deep fake videos using the face of known politicians and actors with self-created sentences?
United States
Artificial intelligence is being used to create a wide range of new types of art. When using artificial intelligence to create underlying art for an NFT one should keep in mind a number of legal considerations. These include unlicensed use of artists’ works or trademarks, ownership rights, as well as contract and data protection laws. Currently, under US copyright law, only a human can be considered the author of a work. In a situation where AI is used to create underlying art for an NFT, it’s important to pay attention to the degree AI was involved in creating the art and whether it was substantial.
