Facepalm: A man who won a digital art competition using an AI-generated image is now facing backlash for complaining about people stealing his work, despite using AI tools that artists have criticized for similar reasons.
In 2022, Jason M. Allen, an executive at a tabletop gaming startup in Pueblo West, Colorado, won first place in the Colorado State Fair’s digital art contest with his piece, Théâtre d’Opéra Spatial, created using Midjourney, sparking controversy among artists.
“I’m not going to apologize for it,” Allen had said defiantly. “I won fair and square.”
“Art is evolving with AI taking the lead. It’s a new era where humans are challenged,” he added.
However, Allen’s confidence has turned into a legal battle as he struggles to copyright his AI-generated artwork. Multiple judges have rejected his claims, stating that human authorship is essential for copyright protection.
Frustrated by the lack of copyright protection, Allen filed an appeal in Colorado federal court, citing financial losses due to the perceived devaluation of his work.
He also expressed concerns about his work being stolen without credit or compensation, blaming the Copyright Office’s refusal to register his piece.
David Holz, the founder of Midjourney, shared his thoughts on the situation in a Forbes article: pic.twitter.com/rnWP28rrag
– Maciej Kuciara (@maciej_kuciara) December 20, 2022
The controversy surrounding AI-generated art led to a class action lawsuit in 2023 against AI companies like Stable Diffusion and Midjourney by artists claiming unauthorized use of their work.
Ironically, Allen, who once defended AI artistry, now faces similar issues of unauthorized use of his own work, experiencing the frustration artists have long endured.
Despite his claims of creative input in editing the artwork, Allen’s argument for copyright protection is being challenged, highlighting the ongoing debate over AI’s role in artistic creation.
As technology advances, the legal system must adapt to protect the rights of artists utilizing AI tools, while also considering the impact on creators whose work trains these AI systems.
