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A New Type of Varnish: Nightshade, Glaze, and Artists’ Battle with AI

A New Type of Varnish Nightshade Glaze and Artists Battle with AI Image

Gerardo Cibo, Nightshade, colored drawing 1564-1584, photographed by the British Library

By Hannah Gadway

As AI-generated images flood the Internet, protecting original art from illicit copying can seem like a daunting task. While some AI models allow artists to “opt-out” of their work being used in training sets, this assumes that all artists are automatically opted-in, even without consent.[1] Artists also stand at a crossroads in terms of the legal status of AI models’ use of copyrighted images. Dozens of American lawsuits are pending surrounding the application of copyright’s fair use doctrine to AI.[2] While waiting for results, artists are afraid to post their work online, lest it get mined into AI systems.[3] On top of these issues, AI-generated art is affecting artists’ job market.[4] As the U.S. Copyright Office explains: “[t]he stakes are high.”[5]

While artists wait for the law to catch up, some are finding that technological tools of their own may provide a solution. With the help of researchers at the University of Chicago, artists have adapted to the technological age by digitally “varnishing” their artworks with programs that either defend against AI mimicry or poison models directly.

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Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.