AI at the Easel or at the Photocopier? The Application of Canadian Copyright Law to AI Generated Images

Abstract

The rapid development and proliferation of generative artificial intelligence (“AI”) has drastically impacted the art industry in just a few years. Generative AI’s reliance on the consumption and processing of protected works without authorization raises significant copyright concerns that remain unresolved. This article analyses Canadian copyright law and argues that the use of copyrighted works by generative AI companies, as well as AI’s production of images substantially similar to unique elements of an artist’s style, constitutes copyright infringement. Given the unprecedented nature of generative AI and copyright infringement in the Canadian legal context, this article also reviews relevant case law from the United States, where several lawsuits against AI companies for copyright infringement are already underway. Finally, the article proposes three recommendations to balance AI innovation with the protection of artists’ rights: regulating text and data mining, requiring transparency from AI companies, and establishing licensing models to ensure proper artist remuneration.