• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2026 Art Law Conference
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Our articles image/svg+xml 2021 Timothée Giet Art law image/svg+xml 2021 Timothée Giet Can This Data Poisoning Tool Help Artists Protect Their Work from AI Scraping?
Back

Can This Data Poisoning Tool Help Artists Protect Their Work from AI Scraping?

November 21, 2023

Art by Patrick K. Lin, created using Canva. - moving image with a skull and a robot finger pointing to a computer chip.

Art by Patrick K. Lin, created using Canva.

By Patrick K. Lin

Generative AI tools like DALL·E, Midjourney, and Stable Diffusion are dominating the cultural zeitgeist but have not received a warm reception from artists. AI companies extract billions of images from the web, relying on artists’ pre-existing works to feed their models.[1]

The result is AI image generators producing images that contain artists’ visual artifacts and even artists’ signatures. For many artists, the speed and scalability of generative AI threatens to devalue the labor of creative expression or outright eliminate it. For instance, Marvel’s recent Disney+ show “Secret Invasion” featured an AI-generated opening credits sequence, sparking fears of replacing artists with AI tools. Similarly, during the writers’ strike, tech companies showed off a fake, AI-generated TV episode.

AI companies are facing a wave of lawsuits alleging copyright infringement, such as the class action against Midjourney, Stable Diffusion, and DeviantArt for copyright infringement as well as the Getty Images lawsuit against Stable Diffusion creator Stability AI. However, outside of taking expensive legal action, artists have very few defenses and tools at their disposal to deter companies and web scrapers from feeding their art to AI models without consent or compensation.

Enter NightShade, a data poisoning tool developed by a team of researchers from the University of Chicago.[2] Nightshade changes an image’s pixels in a way that is imperceptible to the human eye. Going forward, machine learning models, however, will detect these subtle changes, which are carefully designed to hinder models’ ability to label their images. If an AI model is trained on these “poisoned samples,” the invisible features of these images gradually corrupt the model.[3]

This process of data poisoning involves contributing inaccurate or meaningless data, thus encouraging the underlying AI model to perform poorly.[4] Data poisoning attacks manipulate training data to introduce unexpected behaviors into machine learning models at the training stage.[5] AdNauseam, for instance, is a browser extension that clicks on every single ad sent your way, which confuses Google’s ad-targeting algorithms. In the art and generative AI context, poisoned data samples can manipulate models into learning to label a hat as cake or cartoon art as impressionism.

A chart from the Nightshade research team’s paper, displaying examples of images generated by the Nightshade-poisoned model compared to the original clean model.

Because AI companies train their models on vast datasets, poisoned data is very difficult to remove. Identifying poisonous images requires AI companies to painstakingly find and remove each corrupted sample. If the training set is large enough, removing all copyrighted or sensitive information from an AI model can require effectively retraining the AI from scratch, which can cost tens of millions of dollars.[6] Ironically, this is often the very same reason companies give for why biased or nonconsensual data cannot be removed.

When the Nightshade team fed 50 poisoned images, which labeled pictures of cars as cows, into Stable Diffusion, the model started generating distorted images of cars.[7] After 100 samples, the model began producing images that had more cow-like features than car-like ones. At 300 images, virtually no car-like features remained.

The research team that created NightShade also developed Glaze, a tool that allows artists to “mask” their personal style to prevent it from being scraped by AI companies. The advent of text-to-image generative models has resulted in companies and grifters taking artists’ work to train models to recreate their style. Glaze works in a similar way to NightShade, changing the pixels of images in subtle ways that are invisible to the human eye but convince machine learning models to interpret the image as something else. Glaze received a “Special Mention” award in TIME Best Inventions of 2023.

A chart from the Nightshade research team’s paper, comparing clean and poisoned images and demonstrating how related prompts are also corrupted by the poisoning via a bleed through effect.

If NightShade can effectively break text-to-image models, then the AI companies that develop these models may finally have to respect artists’ rights. For instance, the deterrent effect of data poisoning may motivate AI companies to seek permission from artists and compensate them for continued use of their work.

Although some developers of text-to-image generative models, like Stability AI and OpenAI, have offered to let artists opt out of having their images used to train future versions of the models. These opt-out policies place the onus on artists to reclaim their work rather than on the AI companies systematically scraping images online.

Tools like NightShade should give AI companies pause. With any luck, the risk of destroying their entire model should force companies to think twice before taking artists’ work without their consent.

About the Author

Patrick K. Lin is the Center for Art Law’s 2023-2024 Judith Bresler Fellow and author of Machine See, Machine Do, a book about how public institutions use technology to surveil, police, and make decisions about the public, as well as the historical biases that impact that technology. Patrick is interested in legal issues that exist at the intersection of art and technology, particularly involving artificial intelligence, data privacy, and copyright law.

Suggested Readings

  1. Andy Baio, Exploring 12 Million of the 2.3 Billion Images Used to Train Stable Diffusion’s Image Generator, Wᴀxʏ (Aug. 30, 2022), https://waxy.org/2022/08/exploring-12-million-of-the-images-used-to-train-stable-diffusions-image-generator/. ↑
  2. Shawn Shan, Wenxin Ding, Josephine Passananti, Haitao Zheng, Ben Y. Zhao, Prompt-Specific Poisoning Attacks on Text-to-Image Generative Models, ᴀʀXɪᴠ (Oct. 20, 2023), https://arxiv.org/abs/2310.13828. ↑
  3. Melissa Heikkilä, This new Data Poisoning Tool Lets Artists Fight Back Against Generative AI, MIT Tᴇᴄʜɴᴏʟᴏɢʏ Rᴇᴠɪᴇᴡ (Oct. 23, 2023), https://www.technologyreview.com/2023/10/23/1082189/data-poisoning-artists-fight-generative-ai/. ↑
  4. James Thorpe, What is Data Poisoning & Why Should You Be Concerned?, Iɴᴛᴇʀɴᴀᴛɪᴏɴᴀʟ Sᴇᴄᴜʀɪᴛʏ Jᴏᴜʀɴᴀʟ (Sept. 13, 2021), https://internationalsecurityjournal.com/data-poisoning/. ↑
  5. Id. ↑
  6. Lauren Leffer, Your Personal Information Is Probably Being Used to Train Generative AI Models, Sᴄɪᴇɴᴛɪғɪᴄ Aᴍᴇʀɪᴄᴀɴ (Oct. 19, 2023), https://www.scientificamerican.com/article/your-personal-information-is-probably-being-used-to-train-generative-ai-models/. ↑
  7. Teresa Nowakowski, Artists Can Use This Tool to Protect Their Work From A.I. Scraping, Tʜᴇ Sᴍɪᴛʜsᴏɴɪᴀɴ (Nov. 3, 2023), https://www.smithsonianmag.com/smart-news/this-tool-uses-poison-to-help-artists-protect-their-work-from-ai-scraping-180983183/. ↑

 

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.

Post navigation

Previous Interview with Lawrence Kaye and Howard Spiegler about the State of Cultural Reparations Law
Next The Terry House: Case Study about Donor Conditions

Related Art Law Articles

Norval Morrisseau Fraud Ring Victoria Cook Observations of the Astral World 1994 Image
Art law

Inside the Norval Morrisseau Forgery Ring

July 10, 2026
Gelman Collection Case Article
Art law

From National Treasure to Asset Class: The Gelman Collection’s Case

July 8, 2026
Seymour Fogel Wealth of the Nation
Art law

Selling America’s Sistine Chapel: The Trump Administration’s Effort to Sell Federal Buildings and the Artworks Trapped Inside

July 2, 2026
Center for Art Law
ART x LAW SCHOOL instagram

Summer School in Zurich?

Join us

This five-day intensive program combines classroom and lecture format.

Learn MORE
Center for Art Law

Follow us on Instagram for the latest in Art Law!

ART x LAW INTENSIVE: Zurich is Calling! ART x LAW INTENSIVE: Zurich is Calling!
Learn about the Center's specialized resources ava Learn about the Center's specialized resources available on immigration and visas for artists!

Join the Center for Art Law at our Immigration Showcase, a free 30-minute webinar introducing the Center’s resources designed to support international visual artists navigating the U.S. immigration process.

Rakhel Milstein, Board Member at the Center and Founder of Milstein Law Group, will share brief remarks on recent immigration developments affecting artists, important policy considerations to keep in mind, and key issues for artists and creative professionals to watch. Atreya Mathur, Director of Legal Research at the Center, will introduce the Center’s upcoming Immigration Guide for Artists, available in July 2026. This comprehensive resource provides artists with an accessible overview of U.S. immigration pathways, including O-1 visas and other relevant options. The guide is designed to help artists better understand the immigration process, identify potential pathways, prepare more effectively, and recognize the importance of planning ahead when pursuing opportunities in the United States. Kameé Payton, the Center’s 2025-2026 Judith Bresler Fellow, will also share information about the Center’s Immigration Clinic, which provides artists with individualized support through one-on-one consultations to help them better understand their immigration options and access guidance tailored to their needs.

Join us to explore our resources and connect with the tools available to support artists navigating the U.S. immigration landscape. 

🎟️ Grab tickets today using the link in our bio!!
Earlier this June, the Center for Art Law summer t Earlier this June, the Center for Art Law summer team took a trip to see the ongoing Whitney Biennial in New York City! 🎨🗽 The Whitney Biennial is the longest-running survey of American art, and this year marks its 82nd edition.

This year's exhibition questions what it means to call something "American" amid the current shifts in art and culture across the United States. It includes not only artists from around the U.S., but also artists from countries shaped by the reach of American power, including Vietnam, Afghanistan, and the Philippines.

For an especially thought-provoking art law question, be sure to see David L. Johnson's contribution, Rule (2024–ongoing). Johnson created this work by removing code-of-conduct signs from privately owned public spaces (POPS) across New York City. The piece not only centers civil disobedience as a form of artmaking, but also prompts us to question the ways in which law and zoning codes shape public space.

The Biennial runs through August 23rd, and we highly recommend visiting! Free admission every Friday evening!

#centerforartlaw #artlaw #whitney #newyork #intern #summer
Thieves pulled off a speedy nighttime heist at the Thieves pulled off a speedy nighttime heist at the private Magnani-Rocca Foundation near Parma, Italy. In three minutes, pieces by Renoir, Cézanne, and Matisse were suddenly gone. Coming just months after a daytime theft at the Louvre, security experts warn that high-profile museum heists are on the rise. 

👉 Head to the link in our bio to read The New York Times's full breakdown

📸: “Still Life With Cherries” by Paul Cézanne
July 2026, another month of, well, fill in the bla July 2026, another month of, well, fill in the blank.

Summer is for cherries, weddings, garden parties, catching up on reading and catching up with friends. And yet the worst of humanity keeps getting in the way of enjoying what the season brings. The heat so many of us feel right now, in the air, in the headlines, is at times unbearable and frankly unnecessary. Some of it comes from nature; too much of it is man-made.

It is so much harder to build, protect or preserve than to destroy. This month, we invite you to read the latest articles from the Center, including stories inspired by the 250th anniversary of the United States of America, meet our Summer Team, and stay tuned for upcoming events, including a colloquium with Konstantin Akinsha on Ukrainian art and cultural heritage under assault. Thank you, as always, for caring for and protecting art and cultural heritage. 

Make sure to subscribe to our newsletter to get all of these updates and more!

📚 Click the link in our bio to get a curated collection of art law news, our most recent published articles, upcoming events, and much more!!

#centerforartlaw #artlaw #artlawyer #lawyer #artissues #newsletter #july #legalresearch
What happens when the world's most famous anonymou What happens when the world's most famous anonymous artist is no longer anonymous?

One of our latest articles examines the legal and cultural implications of Banksy's unmasking, exploring how anonymity shaped the reception of his work and what this revelation may mean for the future of his career. More broadly, this piece explores how Banksy’s anonymity functioned within a culture increasingly defined by visibility and personal branding.

📚 Click the link in our bio to read the complete article by Afroditi Karatagli

#centerforartlaw #banksy #artlaw #streetart #copyrightlaw #freedomofexpression #contemporaryart #artmarket #legalresearch
Grüezi mitenand 👋 Center for Art Law Switzerland i Grüezi mitenand 👋 Center for Art Law Switzerland is introducing ART x LAW INTENSIVE!

Globalization is reshaping the art world, and with it comes a growing need for legal literacy across the market’s key players. Join us in the heart of Europe for a five-day deep dive into the legal frameworks shaping today’s art world.

Location: Zurich 
Hosting Partners: museums, law firms, galleries, universities, and artist studios
Dates: September 1–5, 2026

🎓 Taught by leading art law practitioners: transactional and litigation attorneys, art dealers, law professors and provenance researchers

Ideal for law and pre-law students, young attorneys, and art world professionals ready to build both knowledge and network.

Applications open between July 7 - 31, decisions on selected participants announced by August 10.

Language: English | Cost: CHF 2,500

Link in bio to apply, or reach us at zurich@itsartlaw.org

#ArtLaw #ArtLawSchool #Zurich #ArtMarket #Provenance Restitution Copyright ArtAndTech SummerSchool CenterForArtLaw
On the United States 250th Anniversary make sure t On the United States 250th Anniversary make sure to check out our article by @hannahegadway: "Art Law at America 250: Gilbert Stuart’s Art Battles and National Imagination"

📚 Click the link in our bio to read the full article!

#centerforartlaw #artlaw #artlawyer #250 #unitedstates #4thofjuly #newarticle
Learn about art and cultural heritage destroyed or Learn about art and cultural heritage destroyed or damaged by the ongoing war.

Since Russia's full-scale invasion of Ukraine began in February 2022, hundreds of museums, churches, archaeological sites, libraries, monuments, and historic buildings have been damaged or destroyed. As of July 1 2026, UNESCO had verified damage to more than 540 cultural sites across Ukraine, underscoring the unprecedented threat facing the country's cultural heritage. 

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #artlawyer #internationallaw #artcrime #culturalheritage
Recently one of our summer interns Cara Ianuale vi Recently one of our summer interns Cara Ianuale visited  the MET. Below is her thoughts on one item she saw within the Costume Art exhibition.👗💭⚖️

This fibrous dress in the MET’s Costume Art exhibition rests at the heart of an attribution dispute between artist Anouska Samms and designer Yoav Hadari. In May, Samms alleged that the MET did not rightfully credit her for Corpus Nervina 0.0, which bears significant resemblance to a work, Hair Dress, that she and Hadari created using her proprietary human hair-based textile she developed in 2019. The MET had expressed interest in acquiring Hair Dress in 2025, but plans fell through—according to Samms’ lawyer Jon Sharples, Hadari decided to withdraw Hair Dress and submit two other independently-designed garments instead.

Solely crediting Hadari, the label states that Corpus Nervina 0.0 is made of synthetic fibers, their scattered arrangement and wispy clusters meant to evoke the fragility of the human nervous system. Hadari claims that, while the garment was inspired by Hair Dress, its design, concept, and construction are entirely his own. The museum has declined involvement, indicating that the parties must first try to work it out on their own. For now, the label remains unchanged… 

📚 Check out more information on this topic using the link in our bio!
Learn about the Center's specialized resources ava Learn about the Center's specialized resources available on immigration and visas for artists!

Join the Center for Art Law at our Immigration Showcase, a free 30-minute webinar introducing the Center’s resources designed to support international visual artists navigating the U.S. immigration process.

Rakhel Milstein, Board Member at the Center and Founder of Milstein Law Group, will share brief remarks on recent immigration developments affecting artists, important policy considerations to keep in mind, and key issues for artists and creative professionals to watch. Atreya Mathur, Director of Legal Research at the Center, will introduce the Center’s upcoming Immigration Guide for Artists, available in July 2026. This comprehensive resource provides artists with an accessible overview of U.S. immigration pathways, including O-1 visas and other relevant options. The guide is designed to help artists better understand the immigration process, identify potential pathways, prepare more effectively, and recognize the importance of planning ahead when pursuing opportunities in the United States. Kameé Payton, the Center’s 2025-2026 Judith Bresler Fellow, will also share information about the Center’s Immigration Clinic, which provides artists with individualized support through one-on-one consultations to help them better understand their immigration options and access guidance tailored to their needs.

Join us to explore our resources and connect with the tools available to support artists navigating the U.S. immigration landscape. 

🎟️ Get tickets today using the link in our bio!!
Over 100 Benin bronzes housed at Cambridge Univers Over 100 Benin bronzes housed at Cambridge University have officially been returned to Nigeria. As university museums move forward with repatriation initiatives, larger, national institutions are left behind the curve due to statutory restrictions. From domestic legal roadblocks to internal ownership disputes, the road to restitution is rarely straightforward. 

📚 Head to the link in our bio to read The Observer's full breakdown of how Cambridge’s move puts pressure on the rest of the UK cultural sector.

📸: Adam Eastland / Alamy, University of Cambridge
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law

Become a Member

Since 2009, the Center for Art Law has organized hundreds of events and published over 1,200 relevant, accessible, and editorially independent articles. As a nonprofit working with artists and students, the Center for Art Law relies on your support to fund our work. Become a premium subscriber and gain access to discounts on events and archives of articles and/or hundreds of case summaries, intended for a worldwide audience of legal professionals, artists, researchers, and students.

Camille Pissarro, Rue St Honoré, apres midi, effet de pluie, 1897

Camille Pissarro, Rue St Honoré, apres midi, effet de pluie, 1897

$70 /per year

Case Law Corner

See All Benefits

Read case law summaries and enjoy unlimited access to our legendary Case Law Corner, now in a new and improved Database with over 700 entries.

Get this subscription
$75 /per year

Artist & Student Membership

See All Benefits
  • Access to all articles and past-event recordings
  • Access to our Case Law Database
  • Free and discounted access to events
Get this subscription
$150 /per year

Annual Subscription

See All Benefits
  • Access to all articles and past-event recordings
  • Access to Case Law Database
  • Free and discounted access to events
  • Discounts to third-party events
Get this subscription

Loading Comments...

You must be logged in to post a comment.