Derek E. Bambauer, University of Florida College of Law, and Robert Woods, University of Arizona College of Law, are publishing AI, Artists, and Anti-Moral Rights in volume 113 of the Georgetown Law Journal Online (2024). Here is the abstract.
Generative artificial intelligence (AI) tools are increasingly used to imitate the distinctive characteristics of famous artists, such as their voice, likeness, and style. In response, legislators have introduced bills in Congress that would confer moral rights protections, such as control over attribution and integrity, upon artists. This Essay argues such measures are almost certain to fail because of deep-seated, pervasive hostility to moral rights measures in U.S. intellectual property law. It analyses both legislative measures and judicial decisions that roll back moral rights, and explores how copyright’s authorship doctrines manifest a latent hostility to these entitlements. The Essay concludes with two suggestions for reformers: to frame arguments in pecuniary terms rather than personhood ones, and to turn to trademark law instead of copyright.
Download the essay from SSRN at the link.