AI & Your Art: A Guide to Copyright and Protecting Your Work

As part of Format’s ongoing editorial series on Artificial Intelligence we’re tackling the most pressing questions like AI and copyright for creatives.

Introduction: An Uncomfortable Evolution

As a photographer and artist, I’ve spent my career navigating the messy intersection of creativity, commerce, and intellectual property. I’ve seen industries try to keep pace with new technology—from the chaos of Napster and The Pirate Bay to the rise of social media—and now, we’re faced with AI. For many of us, the questions are simple and immediate: 

Who owns my art, and can AI use it without my permission?

To help navigate this, I spoke with Dan Gold, whose PhD research centered around lobbying regulations, and who has a keen interest in copyright. As Dan explained to me, while past technologies outpaced the law, AI’s scale and speed make its evolution a seismic event. It’s an issue that demands proactive, globally coordinated legal frameworks to ensure our rights are protected.

This article, guided by Dan’s expertise, will walk you through the current legal challenges and explore the power dynamics that will shape the future of our creative fields as we learn about protecting our intellectual copy from AI.

Why AI Presents New Challenges for Copyright Law

Historically, new technologies have always moved faster than the laws that would eventually regulate them. From the dawn of the railways to the rise of social media, we’ve seen periods of “unintended consequences” that led to societal disillusionment and, eventually, a reactive legal response. But as Dan points out, AI is a different beast entirely, presenting a myriad of legal issues for artists.

Its exponential growth, ability to self-improve, and pervasive integration into nearly every sector have amplified this discomfort. Unlike a camera or a paintbrush, you can’t see how an AI makes a decision—this is what we call the “black box” problem. The opacity of its processes poses novel challenges for accountability and legal oversight.

“From my vantage point in the halls of power, I’m seeing a familiar playbook,” Dan explained. He highlighted that industry influence aims to delay or shape regulation to favor their interests. The sheer scale of this effort is a testament to the stakes involved. According to Dan, who drew from his own research into political data; the tech industry, specifically the crypto sector, spent a staggering $245 million on lobbying in 2024 to influence policy, protecting their vested interest in an unregulated market–in part within the scope of AI.

AI Copyright Issues: What Creators Need to Know

For creative professionals, the biggest questions are: Is AI training on my work considered infringement, and who owns AI-generated content? The legal landscape is currently a patchwork of half-answers and ongoing court cases.

Recent Legal Cases on AI and Copyright

Here are a few examples of creators and organizations putting these legal questions to the test.

1. The Artists’ Class-Action Lawsuit

• What it’s about: As reported by publications like The Verge, artists Sarah Andersen, Kelly McKernan, and Karla Ortiz have filed a class-action lawsuit against AI companies including Stability AI and Midjourney. The suit claims that the companies used billions of images from the internet, including copyrighted work, to train their AI models without permission or compensation.
• The concerns: The artists’ core concern is that their work is being used without consent to create a commercial product that directly competes with them. This raises fundamental questions about fair use and how to protect a creative’s unique style and livelihood.
• Where it stands: This case was introduced in 2023, which further illustrates the pace of legislation. While some initial claims were dismissed, a federal judge has allowed the core copyright infringement claims to move forward. This is a crucial step that signals courts are taking these concerns seriously and will require AI companies to defend their actions in court.

2. The Authors Guild vs. OpenAI

• What it’s about: A number of high-profile authors, including George R.R. Martin and Jonathan Franzen, are suing OpenAI, a case documented by sources like Il Guardian. The lawsuit alleges that their books were copied without permission to train the company’s language models.
• The concerns: The authors contend that the mass-scale copying of their work for a commercial enterprise is not fair use. They argue that the AI is able to generate summaries and “unauthorized sequels” that directly threaten the market for their books and the future of the writing profession.
• Where it stands: The lawsuit is currently ongoing, and a federal judge has consolidated twelve separate copyright cases against OpenAI and Microsoft into a single proceeding. This could lead to a landmark ruling that impacts authors and the AI industry globally, setting case precedent.

Can You Own AI-Generated Art? Copyright Explained

This is where the law meets a philosophical question: If a simple text prompt can generate a novel, a song, or a thousand images, who owns the copyright? The prompt creator, the AI developer, or no one at all? Does the answer change if the prompt is more specific, descriptive and precise?

Thankfully, the law itself is founded on principles of philosophy; morality, ethics, and the very concept and definition of a fact is based on abstract ideas. Which is to say: the law and the experts trained in parsing its framework are qualified to answer these questions.

Generally, copyright law is built on the concept of human authorship. The U.S. Copyright Office has been strict on this, refusing to grant copyright to works created solely by AI, stating that a human must determine the expressive elements.

“The Canadian approach is unique, but currently being challenged in court,” Dan noted. While the Canadian Intellectual Property Office (CIPO) initially registered a copyright for an AI-generated image (“Suryast”), listing both the human and the AI as co-authors, this decision has prompted a lawsuit from a public interest law clinic. This lawsuit argues that an AI cannot be considered an “author” under the Copyright Act. 

Though Dan is quick to point out that “theoretically, you could have someone whose entire job consisted of signing every AI generated work, so it included some human involvement and qualified for copyright protection”. However, as is my understanding as someone whose expertise is drawn from many hours of television, such actions could also be considered bad faith interpretations of the law.

What this legal confusion tells us is that creators have a powerful ally: the law itself. The fundamental principles of copyright are on our side, but it will take a concerted effort to adapt them to this new reality.

How Creatives Can Protect Their Work from AI

The dangers of unchecked AI are real: unmitigated job displacement, widespread misinformation, and an erosion of trust. But as Dan explained, regulation isn’t about stifling progress; it’s about guiding it. Thoughtful, proactive regulation can actually foster responsible innovation by providing clear boundaries and building public trust.

Creators are not powerless in this struggle. Your professional presence is a critical part of the solution.

First, your portafoglio is your primary legal tool. By controlling your own website, you can add clear terms of service that prohibit AI scraping, giving you a stronger legal position than simply posting on free platforms like Instagram or X (formerly Twitter). It also dates and attributes your work to you, logged is day and time of upload, and your account ownership is clear.

Second, your portfolio is a tool for professional self-advocacy. Your professional online presence is how you prove your unique, human-driven creative process to the world. It’s a showcase of your skill, your lived experience and how it shapes your artistry—the very things that cannot be replicated by an algorithm.

This is not a battle to be won with a single lawsuit. It is an ongoing process of defining our future. By understanding the legal landscape and taking proactive steps to protect our work, we can ensure that this new enlightenment serves humanity’s best interests.

Key Ways Format Protects Your Art from AI Scraping

• Blocking harmful AI crawlers: Format has identified three types of AI crawlers and actively blocks “Type 3” crawlers, which are the kind that download information to train generative AI models.
• Implementing a “no-training” flag: Every site on Format has a flag to signal to AI datasets that they should not use your art for training purposes.
• Protecting your data: Format does not share or sell any member data to be used in AI training models.
• Balancing protection with discoverability: While they block harmful crawlers, they do allow those essential for SEO and search engine indexing to ensure your work can still be found by potential clients and fans.

Ready to protect your work and take control of your creative future? Join the thousands of artists who trust Format to secure their portfolios and their livelihoods.

How Format Blocks AI Scraping to Protect Your Art

The legal and advocacy-based solutions are critical, but when considering the online home for your intellectual works, as an artist I recognize the power of having a platform that’s on your side, one that was built by artists for artists. Format is uniquely positioned to understand your concerns and act proactively to protect your work. As a creative, the thought of an AI crawler scanning your site may be concerning. At Format, we’ve taken direct action to address this.

We’ve identified three types of AI crawlers, and we non allow the kind that download information for the purpose of training generative AI models. Our Content Delivery Network completely blocks these “Type 3” crawlers from using your work, and we’ve implemented a flag on every site to signal to AI datasets not to use your art for training.

While we allow crawlers that are essential for SEO and search engine indexing–these are the crawlers that register the keywords and descriptions you enter to improve your discoverability, we are fully committed to protecting your intellectual property. We do not share or sell any member data for use in any AI training models.

This is not just a policy—it’s a core commitment. By building your professional portfolio on a platform that actively protects your content, you are taking a crucial step in retaining control over your work and your creative future.

Frequently Asked Questions About Protecting Your Art from AI

Q: What is AI scraping and how does it affect my art?

A: AI scraping is the process of using automated crawlers to collect vast amounts of data, including images, from websites. When this data is used without permission to train generative AI models, it can be a form of copyright infringement and devalue your original work.

Q: Can a human artist own a copyright on AI-generated art?

A: According to the U.S. Copyright Office, copyright requires human authorship. This means that a work created solely by an AI cannot be copyrighted. However, a human artist who creatively directs and modifies an AI’s output may be able to claim copyright on the final work.

Q: Is there a lawsuit against AI art companies for copyright?

A: Yes, there are several ongoing class-action lawsuits against major AI companies like Stability AI and Midjourney. Artists and authors claim that these companies used copyrighted works without permission or compensation to train their generative AI models.

Q: What is Format doing to protect my art from AI training?

A: Format actively blocks “Type 3” AI crawlers, which are known to scrape content for training generative AI. The platform also uses a technical “no-training” flag on every site to signal to AI datasets that your work should not be used for this purpose.

Q: How can I protect my work on other platforms like social media?

A: While social media platforms have their own terms of service, you can’t always control how your content is used. Creating a professional portfolio on a platform with clear terms and dedicated protection, like Format, gives you more control and a stronger legal position against unauthorized use.

Legal Disclaimer

The information and insights provided in this article are for informational purposes only and do not constitute legal advice. Please consult with a qualified legal professional for advice regarding your specific situation.

Want to learn more about the complex relationship between AI and Art? Read these thought-provoking articles from our experts:
The AI Paradox: How Artificial Intelligence is Reshaping Art
AI as Creative Collaborator: Exploring Human-Machine Artistry