Fair Use Versus Copyright

Today in the spring of 2023, it feels almost impossible to escape news, rumors, debates, think pieces, open letters, diatribes, scandals, lawsuits, or almost any other form of human exchange about artificial intelligence.

Whether the specific focus is on large language models like Chat-GPT or text-to-image generators like DALL-E and Midjourney, the discourse around A.I. technology has only gotten more expansive, more heated, and more perplexing since last fall. That was when a genuinely surreal series of events on the live streaming platform Twitch helped surface the escalating tensions between A.I.-powered image generators and human artists. While the story in question hinged on an accusation of plagiarism, it also served as a launchpad into an in-progress existential crisis in the art world—an existential crisis that keeps intensifying as the influence, accessibility, and aesthetic quality of algorithmic image generators keeps leveling up.

In October, Artnet News business editor Tim Schneider interviewed contributor and friend of the pod Zachary Small about the Twitch controversy and the larger questions facing visual culture in the era of big A.I. In many ways, that conversation is even more relevant now than it was back then. If you missed it the first time, or if you just want to review the state of play in the increasingly wild landscape of art and tech, here’s your second chance...