"The law of copyright and AI is still in its infancy. The Copyright Office has issued clear guidance that AI-generated content within a work is not copyrightable, but that human created elements within the work are copyrightable."

"AI copyright infringement cases are at the very beginning phases of litigation. US courts have not yet substantively weighed in on the issue, leaving much in question regarding whether these AI systems are directly infringing copyright, inducing copyright infringement, and altering copyright management information. Just as these AI systems continue to develop, so too is US copyright law as it seeks to address the novel issues presented by AI." (Schindler et al., 2024)

Artists are realizing their rights to copywrite and are starting to sue AI art generating companies. One recently completed lawsuit was the case of SARAH ANDERSEN, et al., Plaintiffs, v. STABILITY AI LTD., et al., Defendants. In the final ruling,

"Defendants’ motions to dismiss the DMCA claims are GRANTED and the DMCA claims are DISMISSED WITH PREJUDICE. Defendants’ motions to dismiss the unjust enrichment claims are GRANTED and those claims are DISMISSED with leave to amend. Defendants’ motions to dismiss the Copyright Act claims are DENIED. Midjourney’s motion to dismiss the Lanham Act claims is DENIED. DeviantArt’s motion to dismiss the breach of contract and breach of the implied covenant of good faith and fair dealing claims is GRANTED and those claims are DISMISSED WITH PREJUDICE." (William H. Orrick United States District Judge, 2024)

Website tracking their current law actions towards various AI generation companies.