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TEXAS UIL
LINCOLN-DOUGLAS DEBATE RESEARCH SERIES
VOL. 29 SPRING 2024 NO. 2

RESOLVED: ON BALANCE, THE USE OF ARTIFICIAL INTELLIGENCE IN ART, MUSIC, AND LITERATURE IS UNDESIRABLE.
The Spring 2024 UIL topic opens an exciting and new area for value debate. Artificial intelligence has recently
taken a great leap forward; we are only just now beginning to glimpse the impact that it will have on our lives.
Kashmir Hill, tech reporter for the New York Times, describes how AI has now moved beyond simple, repeatable
tasks in manufacturing:
Robots would come for humans’ jobs. That was guaranteed. The assumption generally was that they
would take over manual labor, lifting heavy pallets in a warehouse and sorting recycling. Now
significant advances in generative artificial intelligence mean robots are coming for artists, too. A.I.-
generated images, created with simple text prompts, are winning art contests, adorning book covers,
and promoting “The Nutcracker,” leaving human artists worried about their futures. (New York
Times, Feb. 17, 2023, www.nytimes.com/2023/02/13/technology/ai-art-generator-lensa-stable-
diffusion.html)
David and Daniel Barnhizer, authors of the book, The Artificial Intelligence Contagion, similarly describe the
inroads that AI is now making in the arts: “It is not simply manual labor jobs that are being replaced. Robotics and AI
have already been used for surgery and for painting masterpieces. Christie's Auction House recently staged a sale of
a painting created by an AI program, with the final auction price received being $432,500, 45 times what had been
predicted” (2019, p. 31). They continue:
As to job destruction and the pervasive potential of AI systems, AI programs are already writing movie
scripts, creating poetry, painting pictures, solving problems humans can't figure out, operating
independent weapons systems, and crunching data on levels no human will ever achieve. AI
programs are also accessing and manipulating a stunning range of information in ways we can't
comprehend or match, and evolving in ways their creators admit they don't understand even though
they designed the original programs. (The Artificial Intelligence Contagion, 2019, p. 32)
The Spring topic lists “art, music, and literature” as the venues for evaluation of the impact of artificial
intelligence. While debaters will find interesting issues in each of these areas in the creative arts, there are also many
similar issues. One common theme is that AI is taking money from working artists and transferring it to wealthy tech
billionaires. Artist and author, Molly Crabapple, raises such a concern in a recent Los Angeles Times article: “While
they destroy illustrators’ careers, AI companies are making fortunes. Stability AI, founded by hedge fund manager
Emad Mostaque, is valued at $1 billion, and raised an additional $101 million of venture capital in October. Lensa
generated $8 million in December alone. Generative AI is another upward transfer of wealth, from working artists to
Silicon Valley billionaires” (Beware a World Where Artists Are Replaced by Robots, Dec. 21, 2022,
https://www.latimes.com/opinion/ story/2022-12-21/artificial-intelligence-artists-stability-ai-digital-images).
ChatGPT and Bard have placed amazing tools in the hands of writers and would-be writers. McCaffrey Blauner,
in an article entitled “AI Comes for the Writers,” explains that ChatGPT is a terrifyingly robust chatbot, capable of
spitting out thousands of words on any given subject based on your broad prompt. It’s equally adept at composing a
version of “Bohemian Rhapsody” about a woman with a pathological fear of fish as it is writing business proposals,
news items, middle-brow opinion pieces, or Wikipedia-style essays” (Dec. 12, 2022,
https://www.thenation.com/article/culture/chat gpt-ai-writers/).
While many observers fear that human writers will soon be out of business, others see the new tools as
beneficial to those in the profession. Author Elisa Lorello falls in the latter category: “Honestly, most of what ChatGPT
suggests has been said and done before. But something about it sparks my creativity and originality. I reject a lot of
what ChatGPT suggests and find better ways to write or think about an idea or solve a problem. I like that kind of
mental exercise. And if it’s suggesting things I’m already doing, then maybe I’m on the right track and I don’t need to
change what I’m doing but rather how I’m doing it” (How To Make Productive Use of ChatGPT, Apr. 19, 2023,
https://janefriedman.com/author/chris-jane/). Lorello continues:
I did some creative exploration for fiction—titles, story ideas, and even scenes of description and
dialogue. For example, I asked Chat GPT “What kind of character would appeal to a Generation X
female reader?” Or “What are the most popular tropes for contemporary romance?” When I wrote
The AI Author Assistant, I asked for title and subtitle recommendations. In the book, I showed the
progress of how I ultimately came up with the title I did. The most interesting and unexpected result
was all that exploration and play sparked ideas of my own. So, for example, if I asked ChatGPT to
give me 10 premises for an office romance, I would decide they were all too generic—and then the
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following morning in the shower a fresh idea for an office romance would come to me. (How To
Make Productive Use of ChatGPT, Apr. 19, 2023, https://janefriedman.com/author/chris-jane/)
Numerous AI-based computer programs are revolutionizing the music industry. Arib Khan, author of a recent
article entitled, “AI In The Music Industry: Is This The End For Artists?,” describes one such program:
To answer your question, yes, there is AI for music, and one app that's taking it to another level is
Musicfy. This app is a game-changer, my people. It lets you create your own voice clone, so you can
have AI voices on your tracks and never worry about copyright issues or paying royalties. That's
right, zero royalties, baby! But wait, there's more! Musicfy's biggest feature is text-to-music. This is
where things get crazy. You can describe the style of music you want, the instrumentals, and
everything that makes up a song, and boom! The AI creates the entire song in seconds. From the
voice to the beat, it's all done by AI. It's like having a whole studio of producers at your fingertips!
(Nov. 28, 2023, https://musicfy.lol/blog/ai-in-the-music-industry)
Kelly Bishop, a staff writer at Vice, explains that while AI-generated music does threaten the livelihood of some
artists, it also opens up the potential for music creation to people who were previously excluded:
Many musicians seem to be of the opinion that using AI to create music is cheating, but once you start
discussing who should be allowed to make art and how, other kinds of ethical questions around
ableism and classism arise. Advancements in technology are leading to instruments being
developed that can be played by people with disabilities. An eye harp controlled with eye movement
alone has allowed people to create music whose bodies normally wouldn’t allow them to do so – is
that cheating, too? Many people are deprived of the privilege of creating art, not only for reasons of
ability but accessibility, too. Not everyone has the option of music lessons or can afford to buy an
instrument to practice on – maybe one benefit of AI music apps is that they democratize songwriting.
(Is AI Music a Genuine Threat to Real Artists? Feb. 16, 2023,
https://www.vice.com/en/article/88qzpa/artificial-intelligence-music-industry-future
Ramón López de Mántaras, an analyst at the Artificial Intelligence Research Institute in Spain, argues that AI can
also provide major assistance in the training of musicians:
Can we use artificial intelligence to support human creativity and discovery? A new trend known as
Assisted Creation has important implications for creativity: on the one hand, assistive creation
systems are making a wide range of creative skills more accessible. On the other hand, collaborative
platforms, such as the one developed within the European project PRAISE for learning music, are
making it easier to learn new creative skills. PRAISE is a social network-based learning platform that
includes humans and intelligent software agents that give feedback to a music student regarding
music composition, arrangement, and performance. Students upload their solutions to a given lesson
plan provided by a tutor (compositions, arrangements, or performances). (Artificial Intelligence and
the Arts, May 31, 2023, https://www.bbvaopenmind.com/en/articles/artificial-intelligence-and-the-
arts-toward-computational-creativity/
Debaters will discover numerous advantages and disadvantages associated with the inroads that AI is making
into the world of creative artists; the question for debate is whether “on balance” the changes are desirable or
undesirable.

ANALYSIS OF THE TOPIC

As you will recall from The Value Debate Handbook, every proposition of value consists of two components:
the object(s) of evaluation and the evaluative term. The object(s) of evaluation is that which is being evaluated or
critiqued in the resolution. The evaluative term is the word or phrase in the resolution which is evaluative in nature; in
the case of the Spring resolution, it is the single word, “undesirable.” This resolution contains one object of
evaluation: “use of artificial intelligence in art, music, and literature.” The resolution does not specific a core value.
This means that it will be up to the debaters to suggest a core value that would best measure whether, “on balance,”
AI is more desirable or undesirable.
What is the significance of the opening phrase, “on balance?” The use of this phrase acknowledges that there
will be both advantages and disadvantages to the use of AI in art, music, and literature; the relevant question is
whether the disadvantages outweigh the advantages.
What is meant by “artificial intelligence?” Nicole Laskowski, senior news director at TechTarget, defines
artificial intelligence as “the simulation of human intelligence processes by machines, especially computer systems”
(https:// www.techtarget.com/searchenterpriseai/definition/AI-Artificial-Intelligence).
What is meant by “undesirable?” The Merriam-Webster Dictionary defines “undesirable” as meaning “not
desirable” (https://www.merriam-webster.com/dictionary/undesirable). The question then becomes, what does
“desirable” mean? The Britannica Dictionary defines “desirable” as “having good or pleasing qualities : worth having
or getting” (https://www.britannica.com/dictionary/desirable). The question, then, is whether AI in the creative arts has
more “bad or unpleasing” qualities than it has “good or pleasing qualities.”
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AFFIRMATIVE STRATEGIES
There are a number of excellent strategies available to affirmative debaters on this topic. The first case argues
that the use of AI in art, music, and literature undermines support for the arts by marginalizing creative artists. Quite
simply, AI is putting creative artists out of business by replacing artistic creation with cheap algorithmic imitations.
Nick Bilton, writing in Vanity Fair, observes that creative artists are losing their livelihoods because of AI:
While no one can agree on exactly when the robots will take over, or how many jobs they will swallow
up, the assumption has generally been that garbage collectors, bus drivers, and interstate truckers
will be among the first to lose their livelihoods to A.I. Lately, however, it’s starting to look as if people
like me—creatives—are even more imminently in danger. Over the past few months, new
advancements in A.I. have made it clear that writers, illustrators, photographers, journalists, and
novelists could soon be driven from the workforce and replaced by high-tech player pianos. (The
New Generation of AI Apps Could Make Writers and Artists Obsolete, June 2, 2022,
https://www.vanityfair. com/news/2022/06/the-new-generation-of-ai-apps-could-make-writers-and-
artists-obsolete)
The second affirmative case argues that the use of artificial intelligence in art, music, and literature undermines
human creativity by valuing efficiency over quality. AI is inherently incapable of providing a truly creative contribution
because its method involves endless recombination of already existing works. Laura Smith, deputy editor at
California Magazine, writes that AI art has no “soul:” “In discussions about this piece among the California editorial
team, we kept coming back to the same question: What is missing from computer-generated art? We decided it was
something along the lines of “soul,” or “humanity.” Perhaps this is what is so dissatisfying about AI-generated art —
the fact that there is no one to grow intimate with, no empathetic flow between two living, breathing beings. (Will AI
Write the Next Great American Novel?, Apr. 15, 2021, https://www.universityofcalifornia.edu/news/will-ai-write-next-
great-american-novel).
The third affirmative case argues that the use of artificial intelligence in art, music, and literature violates
fundamental standards of fairness because it steals from the works of others while providing neither acknowledgment
nor compensation. This issue is discussed by attorney Sona Sulakian in the Spring 2023 issue of Entertainment and
Sports Law: “AI music also transforms the original work in some significant manner, but AI music does so without
intent to comment or criticize, or make any reference, to the original work. Rather, AI music attempts to market off
successful musical styles that previous authors have worked to commercialize and build public traction. AI music
creators thereby free ride on the original artist's efforts in a work that directly competes with the original work, which
undoubtedly reduces the incentives that drive creative innovation” (p. 138).

NEGATIVE STRATEGIES
There are also a large number of excellent strategies available to negative debaters on this topic. The first
negative strategy argues that far from replacing human artists, AI provides tools that assist their work. Most new
technologies seem threatening at first, but over time we discover that by embracing change, new and exciting
possibilities emerge. Falon Fatemi, CEO of Fireside, is the author of a June 21, 2023 article entitled, “Why AI Is Not
Going to Replace Hollywood Creatives:”
AI is not a threat to the writing profession. On the contrary, it presents an exciting opportunity for writers
to evolve their craft in an ever-changing landscape. By embracing AI as their copilot, writers can
unlock new levels of efficiency, productivity, and creativity. The biggest threat to writers right now is
for them to not use AI—as others adopt the technology, they could risk being left behind. The writers
of the future will be distinguished not by their ability to churn out words, but by their ability to harness
AI's power and infuse their unique creativity into the narratives it helps shape. (https://www.forbes.
com/sites/falonfatemi/2023/06/21/why-ai-is-not-going-to-replace-hollywood-creatives/)
The second negative strategy focuses on the core value of diversity and inclusion. The use of AI democratizes
the process of artistic creation, bringing it within the reach of people who are now excluded. Jess Campitiello, digital
communications specialist at Cornell Tech, describes how AI can stimulate interest in the arts for a wider audience:
Creative confidence is only going to grow. Our creative confidence typically peaks as kids, Belsky
explained. Starting off with simple crayon drawings, many children find a creative outlet within art.
Crude approximations of houses, animals, and loved ones are held in high esteem as they are
tacked up on the fridge. However, as we grow older and we meet critics — those who insist on colors
within the lines and accurate representations on the page — our confidence goes down. And with
that, so too does many peoples’ efforts to pursue artistic endeavors. This technology not only makes
creativity widely accessible, but also allows individual artistic confidence to grow since the barrier to
entry is quite low. (Feb. 20, 2023, https://tech.cornell.edu/news/ai-vs-artist-the-future-of-creativity/)
This second case also provides answers to the affirmative argument that the use of AI in the arts constitutes
“stealing.” Grant Darling, author of an article entitled, “The Ethicality of AI Art Generators,” argues that AI programs
learn in exactly the same way that human artists learn – by studying examples of artistic works:
Ultimately, to say AI art is theft just isn’t true. AI art-making models are a tool and it is within the hands of
the user to either use them ethically or unethically. These AI art-generating models are not directly
stealing other’s artwork or images to create their own, they just use them to learn. Similar to any
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artist. However, if you ask the AI to make art in the style of a famous artist, it could be seen as
unethical. That being said, there is nothing stopping a human artist from doing the same thing. (Feb.
10, 2023, https://thecodebytes.com/is-ai-art-theft/)
The third negative case argues that the use of AI actually increases the interest in, and the financial value of,
original human artistic creations. Dan Burk, professor of law at the University of California at Irvine, writes that “it
seems likely that proliferation of automated, synthetic creativity will drive demand for human creativity that is
considered authentic, and we have a sense of what such authenticity, prompted by advancing automation, entails”
(Georgia Law Review, 2023, p. 1696).
But how will consumers be able to tell the difference between original human artistic creation and its AI
imitations? Ironically, AI-based tools provide the answer. The use of non-fungible tokens (NFTs) allows artists,
musicians, and writers to firmly establish ownership of their creations. The growing use of NFTs will ensure that
creative artists receive proper financial compensation. Randy Ginsburg, author of an article entitled, “Literary NFTs,”
explains the following:
When it comes to earning power, writers have historically gotten the short end of the stick. Due to the
vastly misaligned financial incentives of the traditional publishing industry, professional writers are
often subject to low salaries and razor-thin royalty percentages, while the publishers and distributors
capture the majority of the value. NFTs flip the value chain on its head, allowing creators to earn
immediately, directly, and in some situations, consistently. (Sept. 28, 2022,
https://nftnow.com/guides/ literary-nfts-heres-how-writers-can-leverage-their-passion-in-web3/).

A FEW WORDS ABOUT THE PROPER USE OF BAYLOR BRIEFS IN LD DEBATE

The affirmative and negative cases in Lincoln-Douglas debate must be presented in only a few minutes. Since
there is an emphasis in UIL LD debate on persuasive delivery, you would never want to try to speak more rapidly in
order to pack more arguments or quotations into the few minutes available in your speeches. Most successful UIL LD
debaters won’t use more than ten or twelve short quotations in the whole debate. Most of the briefs offered in our UIL
LD Debate Research Series are much longer – and present much more evidence – than could ever be presented in
a single debate. You should consider each brief as a resource and cafeteria of possibilities. Rarely in UIL LD debate
would you ever read more than one or two short pieces of evidence under each heading. In addition, debaters
typically underline just the portion of a piece of evidence that they will read in their speech – hopefully the part of the
evidence that makes the point most clearly. This is an acceptable practice under UIL rules of evidence so long as the
debater has the whole piece of evidence available for viewing (upon request) by the other debater and/or the
judge(s).
Why does Baylor Briefs, then, sometimes provide several long pieces of evidence? We want to give you
choices, to show you the whole context of the evidence, and also to make backup evidence available to you. You
should make the arguments your own by choosing only the arguments and evidence that make the most sense to
you.
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AFFIRMATIVE CASE #1: THE USE OF AI UNDERMINES SUPPORT FOR THE ARTS
The thesis of this case is that the use of AI in art, music, and literature undermines support for the arts by
marginalizing creative artists. Quite simply, AI is putting creative artists out of business by replacing artistic creation
with cheap algorithmic imitations.
OBSERVATION:

I. SUPPORT FOR THE ARTS IS VITAL FOR HUMAN FLOURISHING.

A. AESTHETIC BEAUTY IS A VITAL CORE VALUE.
Shahram Heshmat, (Prof., Health Economics, U. of Illinois at Springfield), HOW BEAUTIFUL THINGS
MAKE OUR LIVES BETTER, Oct. 24, 2021. Retrieved Dec. 15, 2023 from
https://www.psychologytoday.com/ us/blog/science-of-choice/202110/how-beautiful-things-make-our-
lives-better
Beauty is the Ultimate Value: Aesthetic emotions are typically sought and savored for their own sake.
The focus is on the pleasure that arises from the act of doing something rather than achieving some
ultimate personal goal. However, they can contribute to mood regulation. For example, we often go to
the movies or to music performances with the expectation of experiencing emotional uplift. Perceived
beauty enhances the perceived social and intellectual competence of people.
André Aciman, (Author), NEW YORK TIMES, Dec. 7, 2019. Retrieved Dec. 15, 2023 from
https://www.nytimes.com/interactive/2019/12/07/opinion/andre-aciman-why-is-beauty-important.html
Plato thought that merely contemplating beauty caused “the soul to grow wings.” Ralph Waldo
Emerson found beauty in Raphael’s “The Transfiguration,” writing that “a calm benignant beauty shines
over all this picture, and goes directly to the heart.”
Shahram Heshmat, (Prof., Health Economics, U. of Illinois at Springfield), HOW BEAUTIFUL THINGS
MAKE OUR LIVES BETTER, Oct. 24, 2021. Retrieved Dec. 15, 2023 from
https://www.psychologytoday.com/ us/blog/science-of-choice/202110/how-beautiful-things-make-our-
lives-better
The aesthetic experience provides an escape from everyday practical experiences. The opportunity
to escape from one’s reality contributes to mood improvement. The American Dancer Twyla Tharp
remarked, “Art is the only way to run away without leaving home.” The positive emotional effect of the
aesthetic experience affects mood and indirectly promotes health and well-being. These benefits include
improvement of memory, lower stress levels, and increased social connection. For instance, most
aesthetic perceptions of landscapes, natural scenes like sunrises, and sunsets tend to produce positive
feelings of peacefulness, relaxation, and harmony.
Matt Palmer, (Partner and Co-founder, The Joseph Group), WHY BEAUTY IS IMPORTANT, Oct. 22,
2022. Retrieved Dec. 15, 2023 from https://josephgroup.com/why-beauty-is-important/
Beauty isn’t just superficial, and is actually a key part of how we understand and interact with the
world around us. Beauty infuses our inner life and helps us form relationships with our environment, from
food to landscape to art, and even with each other.
Theaster Gates, (Artist), WHY BEAUTY MATTERS, July 14, 2015. Retrieved Dec. 15, 2023 from
https://ideas.ted.com/why-beauty-matters/
Beauty should be the starting point of everything. “At every level of the human experience, we are
looking for the beautiful, something that gives priority to our souls, not just our physical needs,” says
Gates. “We drink in nature, we yearn to commune with the beautiful, we crave the sublime, so that’s why
the starting point for everything I do is the beautiful, not the practical.”
Americans for the Arts, 10 REASONS TO SUPPORT THE ARTS IN 2021, June 18, 2022. Retrieved
Dec. 15, 2023 from https://www.americansforthearts.org/by-program/reports-and-data/legislation-policy/
naappd/ 10-reasons-to-support-the-arts-in-2021
The arts are fundamental to our humanity. They ennoble and inspire us—fostering creativity,
empathy, and beauty. The arts also strengthen our communities socially, educationally, and
economically—benefits that persist even during a pandemic that has been devastating to the arts.
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B. PROMOTION OF AESTHETIC BEAUTY REQUIRES SUPPORT FOR THE ARTS AND FOR ARTISTS.
Commission on the Arts, American Academy of Arts and Science, ART IS WORK: POLICIES TO
SUPPORT CREATIVE WORKERS, 2021, p. 25.
Art is fueled by a creative spirit, a need for self-expression, passion, and joy. But for all its
exuberance, art is the product of rigorous discipline and arduous training. It is hard work, and artists are
workers. Their work is essential to every society and culture. Like all workers they need to be paid for
their work, but if they are paid nothing, or are underpaid, many will make art anyway. But this status quo
is not enough. A healthy society must make every effort to guarantee the livelihood and dignity of its
artists.
Bruno Castro Santos, (Artist from Lisbon, Portugal), WHAT IS THE ARTIST’S ROLE IN SOCIETY?, Oct.
24, 2017. Retrieved Dec. 15, 2023 from https://www.artworkarchive.com/blog/what-is-the-artist-s-role-in-
society
Artists have been crucial from the very beginning of our existence. From prehistoric cave paintings to
frescos around the world, to scientific drawings, to the avant-garde movements, artists have contributed
to expanding human evolution from many different perspectives. This expansion, much like the universe,
is still going on and artists still play an important role. I see myself as part of a community whose work as
a global force contributes to this human growth.
Allison Alexander, (Dir., Communications, Aspen Community Foundation), ARTS VITAL FOR A
THRIVING COMMUNITY, May 3, 2023. Retrieved Dec. 15, 2023 from
https://www.aspentimes.com/opinion/giving-thought-arts-vital-for-a-thriving-community/
The mental health and social benefits of participation and exposure to the arts are well-documented
by countless research studies. Arts invite us into opportunities for expression as well as connection —
across cultures and differences. Our artists and arts organizations continue to create opportunities for
engagement despite the challenges.
Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE REASONS WHY ART IS VITAL FOR HUMAN
FLOURISHING, Sept. 24, 2023. Retrieved Dec. 15, 2023 from
https://fractalenlightenment.com/36119/artwork/five-reasons-why-art-is-vital-for-human-flourishing
Art makes you feel. Good art makes you feel deeply. Creating good art makes you feel infinite. And
when you feel infinite, loneliness gets put into proper perspective. You come to realize that you’re never
truly alone. Art brings creative meaning into existence that could not have otherwise existed. One must
have been an independent agent, tapping into interdependence, in order to have created a piece of art
that dwarfs the loneliness that compelled it. Art takes the deep loneliness, the existential angst, the great
suffering at the heart of being an individual in an interdependent cosmos, and magnifies it into a
heightened state of creative detachment. It’s absolutely godlike. And yet terribly, painfully human.
CONTENTIONS:

I. THE USE OF ARTIFICIAL INTELLIGENCE IS MARGINALIZING THE ROLE OF THE ARTIST IN OUR CULTURE.
A. ARTISTS, MUSICIANS, AND WRITERS LIVE NEAR THE EDGE OF FINANCIAL RUIN.

Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1059.
"The majority of independent artists do not make a full time living from their work, despite identifying
themselves as full time artists," one survey report concluded. In 2017, roughly 86% of independent artists
in the United States earned a net income under $20,000, including nearly 49% who earned less than
$5,000 annually. A larger survey by the Creative Independent of visual artists in 2018 from fifty-two
countries (75% from the United States) found that 60% of artists had annual incomes of less than
$30,000. According to a survey of musicians by the same organization, roughly 80% of musicians made
only 40% or less of their income from work related to music, with 67% not even making 20% of their
income from music. The report concluded: "The vast majority of musicians cannot earn a living wage
through music-related work." One musician commented: "I really feel like in the next 10 years every
person making indie music will be forced into day jobs and a million side hustles."
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B. AI WILL FURTHER DEPRESS COMPENSATION FOR CREATIVES.

Tiffany Yates Martin, (Writer & Member, Editorial Freelancers Association), WILL AI REPLACE
WRITERS? IT ALREADY IS, May 11, 2023. Retrieved Dec. 15, 2023 from
https://foxprinteditorial.com/2023/05/11/will-ai-replace-writers-it-already-is/
And I concede that writers are facing a more immediate threat than editors may be—not just those of
us who write books, but particularly freelancers who contribute content and make their living that way. As
one outlet points out in the article I cited above, they can now publish 10,000 articles with the resources
it previously took to publish one. Capitalism being the holiest god of much of society, what company
wouldn’t take that into account?
Molly Crabapple, (Artist and Author), BEWARE A WORLD WHERE ARTISTS ARE REPLACED BY
ROBOTS, LOS ANGELES TIMES, Dec. 21, 2022. Retrieved Dec. 15, 2023 from
https://www.latimes.com/opinion/story/2022-12-21/artificial-intelligence-artists-stability-ai-digital-images
A tiny elite will remain in business, and its work will serve as a status symbol. Everyone else will be
gone. “You’ll have to adapt,” AI boosters say, but AI leaves no room for an artist as either a world creator
or a craftsman. The only task left is the dull, low-paid and replaceable work of taking weird protrusions off
AI-generated noses.
C. AI TAKES MONEY FROM ARTISTS, MUSICIANS, AND WRITERS AND GIVES IT TO TECH BILLIONAIRES.
Molly Crabapple, (Artist and Author), BEWARE A WORLD WHERE ARTISTS ARE REPLACED BY
ROBOTS, LOS ANGELES TIMES, Dec. 21, 2022. Retrieved Dec. 15, 2023 from
https://www.latimes.com/opinion/story/2022-12-21/artificial-intelligence-artists-stability-ai-digital-images
While they destroy illustrators’ careers, AI companies are making fortunes. Stability AI, founded by
hedge fund manager Emad Mostaque, is valued at $1 billion, and raised an additional $101 million of
venture capital in October. Lensa generated $8 million in December alone. Generative AI is another
upward transfer of wealth, from working artists to Silicon Valley billionaires.
Jackie Wang, (Poet & Prof., English, U. Southern California), quoted in WILL AI REPLACE WRITERS —
AND THE REST OF US?, Aug. 23, 2023. Retrieved Dec. 15, 2023 from
https://www.latimes.com/entertainment-arts/books/story/2023-08-23/will-ai-replace-writers-christopher-
soto-jackie-wang-game-out-the-future
Whenever I hear a technology described as a “democratizing” force, my “ideology” alarm bells go off.
People can talk about the democratization of the creative process, but that still does not alter the
parasitic business model at the heart of cultural industries. For instance, publishing has been
consolidated and now there are only a few major publishing houses. I think discussions of
democratization should also address corporate concentration.
D. AI WILL PUSH MOST CREATIVES OUT OF THEIR PROFESSION.
Nick Bilton, (Staff, Vanity Fair), THE NEW GENERATION OF AI APPS COULD MAKE WRITERS AND
ARTISTS OBSOLETE, June 2, 2022. Retrieved Dec. 15, 2023 from
https://www.vanityfair.com/news/2022/06/the-new-generation-of-ai-apps-could-make-writers-and-artists-
obsolete
While no one can agree on exactly when the robots will take over, or how many jobs they will
swallow up, the assumption has generally been that garbage collectors, bus drivers, and interstate
truckers will be among the first to lose their livelihoods to A.I. Lately, however, it’s starting to look as if
people like me—creatives—are even more imminently in danger. Over the past few months, new
advancements in A.I. have made it clear that writers, illustrators, photographers, journalists, and
novelists could soon be driven from the workforce and replaced by high-tech player pianos.
E. AI IS PUTTING ARTISTS OUT OF WORK.
Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING FROM ARTISTS?, Feb. 10, 2023. Retrieved
Dec. 15, 2023 from https://www.newyorker.com/culture/infinite-scroll/is-ai-art-stealing-from-artists
[Kelly] McKernan, who draws income from print sales as well as commissioned illustrations, told me
they suspect that the amount of work available in their field is already declining as A.I. tools become
more accessible online. “There are publishers that are using A.I. instead of hiring cover artists,”
McKernan told me. “I can pay my rent with just one cover, and we’re seeing that already disappearing.”
They added, “We’re just the canaries in the coal mine.”
 8

Kashmir Hill, (Tech Reporter, New York Times), THIS TOOL COULD PROTECT ARTISTS FROM A.I.-
GENERATED ART THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved Dec. 15, 2023 from
https://www.nytimes.com/2023/02/13/technology/ai-art-generator-lensa-stable-diffusion.html “Artists are
afraid of posting new art,” the computer science professor Ben Zhao said. Putting art online is how many
artists advertise their services but now they have a “fear of feeding this monster that becomes more and
more like them,” Professor Zhao said. “It shuts down their business model.”
F. AI IS PUTTING MUSICIANS OUT OF WORK.
Sona Sulakian, (Patent Attorney, and Co-founder at Pincites), ENTERTAINMENT & SPORTS LAW,
Spring 2023, 137.
In fact, the past few decades have witnessed algorithms become an inescapable phenomenon in the
music industry, from the rhythmic patterns of guitar pedals to autotune. Even Snoop Dogg's latest album
title pays homage to the digital revolution. But this flashy, futurist exterior belies a brewing multitude of
legal issues. For example, music streaming companies may begin to repurpose their data about
consumer trends to create their own music, a royalty-free product to replace the traditional artist.
G. AI IS PUTTING WRITERS OUT OF WORK.
McCaffrey Blauner, (Contributor, The Nation), AI COMES FOR THE WRITERS, Dec. 12, 2022.
Retrieved Dec. 15, 2023 from https://www.thenation.com/article/culture/chatgpt-ai-writers/
Fool around with the chatbot for a few minutes, which is fun and easy to use, and it should become
very clear that many of us who make our livings from writing are in grave danger of losing our jobs.
II. THE CLAIM THAT AI IS BENEFICIAL TO CREATIVES IS FALSE.
A. AI DOES NOT SERVE AS A USEFUL TOOL FOR CREATIVES.
Molly Crabapple, (Artist and Author), BEWARE A WORLD WHERE ARTISTS ARE REPLACED BY
ROBOTS, LOS ANGELES TIMES, Dec. 21, 2022. Retrieved Dec. 15, 2023 from
https://www.latimes.com/opinion/story/2022-12-21/artificial-intelligence-artists-stability-ai-digital-images
AI pushers have told me that AI is a tool which artists can use to automate their work. This just
shows how little they understand us. Art is not scrubbing toilets. It’s not an unpleasant task most people
would rather have the robots do. It is our heart. We want to do art’s work. We make art because it is who
we are, and through immense effort, some of us have managed to earn a living by it. It’s precarious,
sure. Our wages have not risen for decades. But we love this work too much to palm it off to some robot,
and it is this love that AI pushers will never get.
B. INCREASED RELIANCE ON AI TOOLS WILL UNDERMINE TRUE HUMAN CREATIVITY.

Touhidul Alam Khan, (Staff, The Business Standard), RETHINKING CREATIVITY IN THE AGE OF
GENERATIVE AI, May 29, 2023. Retrieved Dec. 15, 2023 from
https://www.tbsnews.net/thoughts/rethinking-creativity-age-generative-ai-639894
By relying too heavily on generative AI, individuals may lose the ability to develop their unique ideas
or feel pressured to conform to the types of content the AI can generate. This presents a significant
challenge for students and young professionals looking to enter the creative industries. To succeed in
these fields, individuals must generate new and innovative ideas that stand out from the crowd.
However, with generative AI becoming increasingly prevalent, there is a risk that these individuals may
be left behind.
C. THE CLAIM THAT PEOPLE WILL STILL PRIORITIZE HUMAN-CREATED ART IS PROBLEMATIC – PEOPLE WILL NOT BE
ABLE TO KNOW THE DIFFERENCE.

Nick Bilton, (Staff, Vanity Fair), THE NEW GENERATION OF AI APPS COULD MAKE WRITERS AND
ARTISTS OBSOLETE, June 2, 2022. Retrieved Dec. 15, 2023 from
https://www.vanityfair.com/news/2022/06/the-new-generation-of-ai-apps-could-make-writers-and-artists-
obsolete
The more I see of these new machine-learning algorithms, though, the more I realize that the future
is coming quickly. And in that future, a good number of people could lose their jobs—not to mention their
grasp of what originated in the mind of a human or a machine. Soon, you’ll be asking yourself every time
you read an article, Did a human write this, or did an algorithm? The answer is: You’ll never know.
 9

D. CREATIVES MAY BELIEVE THAT AI IS HELPING THEM, BUT IT ACTUALLY IS REPLACING THEM.

Molly Crabapple, (Artist and Author), BEWARE A WORLD WHERE ARTISTS ARE REPLACED BY
ROBOTS, LOS ANGELES TIMES, Dec. 21, 2022. Retrieved Dec. 15, 2023 from
https://www.latimes.com/opinion/story/2022-12-21/artificial-intelligence-artists-stability-ai-digital-images
Though some AI fans give lip service to the idea that this technology is meant to help artists, it is, in
fact, a replacement, as explicit as the self-acting spinning mule, a machine commissioned by British
factory bosses in 1825 to break the power of striking textile workers. This replacement could only be
accomplished through a massive theft. The most popular generative art AI companies, Stability AI, Lensa
AI, Midjourney and DALL-E, all trained their AI’s on massive data sets such as LAION-5B, which is run
by the German nonprofit LAION. These data sets were not ethically obtained. LAION sucked up 5.8
billion images from around the internet, from art sites such as DeviantArt, and even from private medical
records. I found my art and photos of my face on their databases. They took it all without the creator’s
knowledge, compensation or consent. Once LAION had scraped up all this work, it handed it over to for-
profit companies — such as Stability AI, the creator of the Stable Diffusion model — which then trained
their AIs on artists’ pirated work. Type in a text prompt, like “Spongebob Squarepants drawn by Shepard
Fairey,” and the AI mashes together art painstakingly created over lifetimes, then spits out an image,
sometimes even mimicking an artist’s signature.
Morgan Sung, (Staff, NBC News), LENSA, THE AI PORTRAIT APP, HAS SOARED IN POPULARITY.
BUT MANY ARTISTS QUESTION THE ETHICS OF AI ART. Dec. 6, 2022. Retrieved Dec. 15, 2023 from
https://www.nbcnews.com/tech/internet/lensa-ai-artist-controversy-ethics-privacy-rcna60242
“We’re learning that even if you’re using it for your own inspiration, you’re still training it with other
people’s data,” said Jon Lam, a storyboard artist at Riot Games. “Anytime people use it more, this thing
just keeps learning. Anytime anyone uses it, it just gets worse and worse for everybody.”
Molly Crabapple, (Artist and Author), BEWARE A WORLD WHERE ARTISTS ARE REPLACED BY
ROBOTS, LOS ANGELES TIMES, Dec. 21, 2022. Retrieved Dec. 15, 2023 from
https://www.latimes.com/opinion/story/2022-12-21/artificial-intelligence-artists-stability-ai-digital-images
AIs can spit out work in the style of any artist they were trained on — eliminating the need for anyone
to hire that artist again. People sometimes say “AI art looks like an artist made it.” This is because it
vampirized the work of artists and could not function without it.
 10

AFFIRMATIVE CASE #2: HUMAN CREATIVITY

The thesis of this case is that the use of artificial intelligence in art, music, and literature undermines human
creativity by valuing efficiency over quality. AI is inherently incapable of providing a truly creative contribution
because its method involves endless recombination of already existing works.
OBSERVATION:

I. HUMAN CREATIVITY IS A CORE VALUE.

A. CREATIVITY IS VITAL TO PROPER HUMAN FLOURISHING.
Amira Resnick, (Analyst, Boost Collaborative), PATHWAYS TO WELLNESS: REFLECTIONS ON THE
CORE VALUE OF CREATIVITY, Apr. 15, 2021. Retrieved Dec. 15, 2023 from https://boostcafe.org/
pathways-wellness-reflections-core-value-creativity/
Rounding out my top three core values is creativity – the positive, generative energy that flows within
and around us, and offers opportunities for healing throughout. As an admirer of the arts, I love taking in
the typical ways we imagine creativity – dance, theater, music, comedy, visual and graphic arts, and
more. While heeding a craving for creative outlets this year in particular, I experienced creative
expression to have a powerful impact on health and well-being.
B. THE STANDARD FOR CREATIVITY IS THE PRODUCTION OF WORKS THAT ARE BOTH ORIGINAL AND EXEMPLARY.
Elliot Samuel Paul & Dustin Stokes, (Prof., Philosophy, Queen’s University/Prof., Philosophy, U. of Utah),
CREATIVITY in STANFORD ENCYCLOPEDIA OF PHILOSOPHY, Spring 2023. Retrieved Dec. 15,
2023 from https://plato.stanford.edu/entries/creativity/
Immanuel Kant is often cited as anticipating this definition of creativity in his discussion of (artistic)
genius. According to a common interpretation, Kant defines (artistic) genius as the ability to produce
works that are not only “original”—since “there can be original nonsense”—but also “exemplary.”
CONTENTION:

I. THE USE OF ARTIFICIAL INTELLIGENCE IN ART, MUSIC, AND LITERATURE UNDERMINES HUMAN CREATIVITY.
A. AI PRODUCES WORKS THAT LACK SOUL.
Laura Smith, (Deputy Editor, California Magazine), WILL AI WRITE THE NEXT GREAT AMERICAN
NOVEL?, Apr. 15, 2021. Retrieved Dec. 15, 2023 from https://www.universityofcalifornia.edu/news/will-
ai-write-next-great-american-novel
In discussions about this piece among the California editorial team, we kept coming back to the
same question: What is missing from computer-generated art? We decided it was something along the
lines of “soul,” or “humanity.” Perhaps this is what is so dissatisfying about AI-generated art — the fact
that there is no one to grow intimate with, no empathetic flow between two living, breathing beings.
Dan Burk, (Distinguished Professor of Law, University of California, Irvine), GEORGIA LAW REVIEW,
2023, 1680.
The implication of automating the initial creative stage of product development is that AIs will replace
a type of labor that formerly was reserved exclusively to human intellect. Stated differently, such
automated labor in effect provides a synthetic substitute for human creativity.
B. AI PRODUCES WORKS LACKING IN EXPRESSIVENESS.
Ramón López de Mántaras, (Artificial Intelligence Research Institute (IIIA), Bellaterra, Spain),
ARTIFICIAL INTELLIGENCE AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY May 31,
2023. Retrieved Dec. 15, 2023 from https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
and-the-arts-toward-computational-creativity/
One of the main limitations of computer-generated music has been its lack of expressiveness, that is,
lack of “gesture.” Gesture is what musicians call the nuances of performance that are uniquely and subtly
interpretive or, in other words, creative.
 11

C. AI PRODUCES WORKS LACKING IN DEPTH.

Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING FROM ARTISTS?, Feb. 10, 2023. Retrieved
Dec. 15, 2023 from https://www.newyorker.com/culture/infinite-scroll/is-ai-art-stealing-from-artists
[Kelly] McKernan described typical A.I. style as having “this general sugary, candy look,” adding, “It
looks pretty, but it tastes terrible. It has no depth, but it serves the purpose that they want.” The new
generation of tools offers the instant gratification of a single image, shorn of the messy association with a
single, living artist. One question is who gets to profit from such works. Another is more existential. “It
kind of boils down to: what is art?” McKernan said. “Is art the process, is art the human component, is art
the conversation? All of that is out of the picture once you’re just generating it.”
D. AI PRODUCES WORKS THAT VALUE RULES OVER NUANCE.
Aaron Hertzmann, (Designer, Adobe), WHAT IS CREATIVITY?, Sept. 27, 2023. Retrieved Dec. 15, 2023
from https://aaronhertzmann.com/2023/09/27/what-is-creativity.html
Imagine hiring an employee to create a Spanish-language poem, by following very specific rules.
Your employee-who doesn’t understand Spanish-must follow the rules precisely, to the letter, without
deviation. The rules might be very complicated and involve rolling dice. In the end, your employee
produces a poem that is widely lauded as original and wonderful. Is the worker “creative”? I think most
people would say no. But this is exactly a description of how computers work: they follow instructions
they were given precisely, without deviation. (This is a variant of the “Chinese room argument”).
Precisely-following instructions without deviation or autonomy does not seem “creative” to me.
E. AI PRODUCES WORKS THAT LACK ANY UNDERSTANDING OF THE HUMAN EXPERIENCE.
Kylie Clifton, (Staff, Los Angeles Loyolan), ARTIFICIAL INTELLIGENCE ART IS DISPOSABLE, AND
IT’S RUINING ART, Mar. 15, 2023. Retrieved Dec. 15, 2023 from
https://www.laloyolan.com/opinion/artificial-intelligence-art-is-disposable-and-it-s-ruining-art/
article_8d49c891-85c4-52c5-97f6-9a6cf7c0eaf4.html
A picture is worth a thousand words because there is craftsmanship, flaws, heart and perspective
involved in creating art. What story does an AI-generated work even tell? The lack of humanity in AI-
generated art compromises everything about art that is treasured. AI is more closely related to a
calculator than any sentient being with thoughts, emotions and experiences to draw upon.
Brian Merchant, (Technology Columnist, Los Angeles Times), THE WRITERS’ STRIKE WAS THE
FIRST WORKPLACE BATTLE BETWEEN HUMANS AND AI. THE HUMANS WON, Sept. 25, 2023.
Retrieved Dec. 15, 2023 from https://www.latimes.com/business/technology/story/2023-09-25/column-
sag-aftra-strike-writers-victory-humans-over-ai
Others were legitimately worried that studios would try to use generative AI to take their jobs
anyway, or that it would eventually get good enough to turn out a serviceable product. If that were the
case, then many feared what would be lost in the process — films and series colored by real-life
experience, that explored the human experience. You know, art. There was a palpable fear that tech
products, built by rich and mostly white startup guys in Silicon Valley would churn out content that would
reflect exactly that.
F. AI PRODUCES CHEAP SUBSTITUTES FOR HUMAN CREATIVITY.

Dan Burk, (Distinguished Professor of Law, University of California, Irvine), GEORGIA LAW REVIEW,
2023, 1681.
Machine learning systems potentially remove the human from the initial creation of innovative works
and inventions, and this compels us to ask what it might mean for humans to be creators in a world of
cheap AI creativity, or at least in a world of cheap substitutes for creativity.
 12

G. AI IS PARASITIC ON HUMAN CREATIVITY.

Jackie Wang, (Poet & Prof., English, U. Southern California), quoted in WILL AI REPLACE WRITERS —
AND THE REST OF US?, Aug. 23, 2023. Retrieved Dec. 15, 2023 from
https://www.latimes.com/entertainment-arts/books/story/2023-08-23/will-ai-replace-writers-christopher-
soto-jackie-wang-game-out-the-future
But since we live in a market society, we must pay attention to the question of how writers are going
to be able to put food on the table. The fact that generative AI is parasitic on the archive of human
creativity is fundamentally a labor problem. Should AI be allowed to imitate living writers and artists, and
will the imitations be commercialized at the expense of living creators? Should AI be able to clone the
voice and image of living actors? No, I don’t think so. I’m ultimately in favor of enshrining strong labor
protections for living creators.
AFFIRMATIVE CASE #3: GENERATIVE AI STEALS FROM THE WORK OF OTHERS
The thesis of this case is that the use of artificial intelligence in art, music, and literature violates fundamental
standards of fairness because it steals from the works of others while providing neither acknowledgment nor
compensation.
OBSERVATION:

I. JUSTICE IS THE VALUE THAT SHOULD DETERMINE THE DESIRABILITY OF THE USE OF AI IN ART, MUSIC, AND LITERATURE.

A. JUSTICE IS THE CORE VALUE THAT SHOULD DETERMINE DESIRABILITY.

Sara S. Chapman & Ursula S. Colby, (Former Pres. & Former Academic Dean, Russell Sage College),
ONE NATION INDIVISIBLE, 2001, 17.
Justice is the end of government. It is the end of civil society. It has ever been, and ever will be
pursued, until it be obtained or until liberty be lost in the pursuit. — James Madison
J. Budziszewski, (Prof., Government, U. Texas at Austin), THE CASE FOR JUSTICE, 2004. Retrieved
Oct. 12, 2016 from www.firstthings.com/article/2004/08/capital-punishment-the-case-for-justice.
Justice is giving each what is due to him. So fundamental is the duty of public authority to requite
good and evil in deeds that natural law philosophers consider it the paramount function of the state.
B. IT IS UNDESIRABLE TO TAKE THE PROPERTY OF ANOTHER WITHOUT PERMISSION OR COMPENSATION.
Darrin Belousek, (Prof., Philosophy, Ohio Northern U.), ATONEMENT, JUSTICE, AND PEACE, 2011,
30.
According to Aristotle and Cicero, the natural law of justice is summed by the formula, “to do justice
is to render to each what is due.” This notion of “what is due” implied what is earned, owed, or otherwise
deserved. The word “due” thus carries a moral connotation: to render what is due is to render what is
merited, however such merit is determined, whether by actions, contracts, laws, or some other measure.
John Stuart Mill, (British Philosopher), quoted in THE BASIC WRITINGS OF JOHN STUART MILL,
2010, 286.
Justice implies something which it is not only right to do, and wrong not to do, but which some
individual person can claim from us as his moral right. No one has a moral right to our generosity or
beneficence, because we are not morally bound to practice those virtues toward any given individual.
CONTENTIONS:

I. THE USE OF ARTIFICIAL INTELLIGENCE TO CREATE ART, MUSIC, AND LITERATURE IS UNJUST.

A. AI COPIES WHAT OTHERS HAVE CREATED.

Nick Bilton, (Staff, Vanity Fair), THE NEW GENERATION OF AI APPS COULD MAKE WRITERS AND
ARTISTS OBSOLETE, June 2, 2022. Retrieved Dec. 15, 2023 from
https://www.vanityfair.com/news/2022/06/the-new-generation-of-ai-apps-could-make-writers-and-artists-
obsolete
These new technologies have scrambled our assumptions about creativity and computers.
Philosophers have long believed that computers would never be able to create “art” because machines
don’t have emotions. They don’t feel pain or joy; therefore, they can’t express those feelings in a creative
way. As it turns out, however, computers don’t need feelings to make art. They can simply copy what
humans have already made. “It’s not so much that the computer is ‘thinking’ like a human artist,” said
Hod Lipson, a scientist who specializes in artificial intelligence and robotics at Columbia University. “It’s
more that they are producing output based on what they have seen.”
 13

B. AI TAKES FROM THE WORK OF OTHERS WITHOUT THEIR PERMISSION.

Jess Campitiello, (Digital Communications Specialist at Cornell Tech), AI VS. ARTIST: THE FUTURE OF
CREATIVITY, Feb. 20, 2023. Retrieved Dec. 15, 2023 from https://tech.cornell.edu/news/ai-vs-artist-the-
future-of-creativity/
Accusations of art theft arose surrounding the use of creatives’ works to train these models, as
image outputs emulated prominent artists’ styles without their consent.
Morgan Sung, (Staff, NBC News), LENSA, THE AI PORTRAIT APP, HAS SOARED IN POPULARITY.
BUT MANY ARTISTS QUESTION THE ETHICS OF AI ART. Dec. 6, 2022. Retrieved Dec. 15, 2023 from
https://www.nbcnews.com/tech/internet/lensa-ai-artist-controversy-ethics-privacy-rcna60242
Lensa is tinged with controversy — multiple artists have accused Stable Diffusion of using their art
without permission. Many in the digital art space have also expressed qualms over AI models producing
images en masse for so cheap, especially if those images imitate styles that actual artists have spent
years refining. For a $7.99 service fee, users receive 50 unique avatars — which artists said is a fraction
of what a single portrait commission normally costs. Companies like Lensa say they’re “bringing art to
the masses,” said artist Karla Ortiz. “But really what they’re bringing is forgery, art theft [and] copying to
the masses.”
Kylie Clifton, (Staff, Los Angeles Loyolan), ARTIFICIAL INTELLIGENCE ART IS DISPOSABLE, AND
IT’S RUINING ART, Mar. 15, 2023. Retrieved Dec. 15, 2023 from
https://www.laloyolan.com/opinion/artificial-intelligence-art-is-disposable-and-it-s-ruining-art/
article_8d49c891-85c4-52c5-97f6-9a6cf7c0eaf4.html
Finding inspiration in another artist’s work is already a fine line to walk, but to explicitly pull from a
non-consenting artist to create new work without permission is art theft. Stable Diffusion confirmed that
artists are not allowed to remove their art from the database. “There was no opt-in or opt-out for the
LAION-5b model data. It is intended to be a general representation of the language-image connection of
the Internet,” read their frequently asked questions.
C. CREATIVES ARE NOT GIVEN THE OPPORTUNITY TO PREVENT THEIR WORK FROM BEING USED TO TRAIN
GENERATIVE AI MODELS.

Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING FROM ARTISTS?, Feb. 10, 2023. Retrieved
Dec. 15, 2023 from https://www.newyorker.com/culture/infinite-scroll/is-ai-art-stealing-from-artists
All three models make use of laion-5B, a nonprofit, publicly available database that indexes more
than five billion images from across the Internet, including the work of many artists. The alleged
wrongdoing comes down to what Butterick summarized to me as “the three ‘C’s”: The artists had not
consented to have their copyrighted artwork included in the laion database; they were not compensated
for their involvement, even as companies including Midjourney charged for the use of their tools; and
their influence was not credited when A.I. images were produced using their work. When producing an
image, these generators “present something to you as if it’s copyright free,” Butterick told me, adding that
every image a generative tool produces “is an infringing, derivative work.”
D. AI GENERATORS ARE ALLOWED TO FREE RIDE ON THE CREATIVE WORKS OF OTHERS.

Sona Sulakian, (Patent Attorney, and Co-founder at Pincites), ENTERTAINMENT & SPORTS LAW,
Spring 2023, 138.
AI music also transforms the original work in some significant manner, but AI music does so without
intent to comment or criticize, or make any reference, to the original work. Rather, AI music attempts to
market off successful musical styles that previous authors have worked to commercialize and build
public traction. AI music creators thereby free ride on the original artist's efforts in a work that directly
competes with the original work, which undoubtedly reduces the incentives that drive creative innovation.
Furthermore, an AI musical piece would compete as a direct substitute for the original composition (after
all, there's only one Billboard # 1 spot). A new musical piece in a similar style may supersede and even
divert profits from the original work.
 14

E. AI GENERATORS STEAL FROM CREATIVE ARTISTS WITHOUT COMPENSATION.

Sona Sulakian, (Patent Attorney, and Co-founder at Pincites), ENTERTAINMENT & SPORTS LAW,
Spring 2023, 137.
While music is created by standing on the shoulders of giants, that giant needs to be recognized and
appropriately compensated for their work. Many legal experts debate the distinction between inspiration
and imitation, and that line continues to blur as artificial intelligence ("AI") undertakes a greater role in the
music composition process. Companies have already begun to generate music, even vocals, by training
AI algorithms on a dataset of musical examples.
F. AI GENERATORS UNFAIRLY STRIP ORIGINAL WORKS FROM THEIR APPROPRIATE CONTEXT.

Kylie Clifton, (Staff, Los Angeles Loyolan), ARTIFICIAL INTELLIGENCE ART IS DISPOSABLE, AND
IT’S RUINING ART, Mar. 15, 2023. Retrieved Dec. 15, 2023 from
https://www.laloyolan.com/opinion/artificial-intelligence-art-is-disposable-and-it-s-ruining-art/
article_8d49c891-85c4-52c5-97f6-9a6cf7c0eaf4.html
Art allows for individuals to express their thoughts, desires, memories and, especially, pain in a
physical medium. AI generators could use the most pristine and well-crafted pieces of art ever created,
yet still any product created will have no story to tell. Any art created entirely with the use of stolen art will
never be art because these generators allow the lowest amount of human involvement. As they stand
currently, AI art generators are not an instrument to create something new, but a vile attempt to replace
the artist entirely.
G. AI CREATIONS RAISE PLAIGIARISM CONCERNS.

Bill Tomlinson, (Prof., Informatics at the University of California, Irvine), SMU LAW REVIEW FORUM,
Sept. 2023, 109.
The use of AI-assisted writing tools raises a number of legal and ethical issues, including questions
of copyright, plagiarism, and fair use. Copyright law is particularly relevant when it comes to AI-assisted
writing because AI-generated text is often seen as a derivative work of the original text from which it was
generated. Plagiarism is also a concern because AI-generated text may be very similar to existing text,
making it difficult to distinguish between original and copied content.
II. EXISTING COPYRIGHT PROTECTIONS ARE INADEQUATE TO PROVIDE JUSTICE AND FAIRNESS FOR CREATIVES.
A. COPYRIGHT LAWS ARE OUTDATED – THEY CAN’T KEEP UP WITH CHANGES IN THE TECH WORLD.
Morgan Sung, (Staff, NBC News), LENSA, THE AI PORTRAIT APP, HAS SOARED IN POPULARITY.
BUT MANY ARTISTS QUESTION THE ETHICS OF AI ART. Dec. 6, 2022. Retrieved Dec. 15, 2023 from
https://www.nbcnews.com/tech/internet/lensa-ai-artist-controversy-ethics-privacy-rcna60242
The art and music industry abide by stringent copyright laws in the United States, but the use of
copyrighted material in AI is legally murky. Using copyrighted material to train AI models might fall under
fair use laws, The Verge reported. It’s more complicated when it comes to the content that AI models
generate, and it’s difficult to enforce, which leaves artists with little recourse. “They just take everything
because it’s a legal gray zone and just exploiting it,” Lam said. “Because tech always moves faster than
law, and law is always trying to catch up with it.”
Trisha Ray, (Associate Dir., Geotech Center, Atlantic Council), CAN AI BE CREATIVE?, Dec. 18, 2023.
Retrieved Dec. 19, 2023 from https://www.atlanticcouncil.org/blogs/new-atlanticist/can-ai-be-creative-
global-copyright-laws-need-an-answer/
As generative artificial intelligence (AI) tools such as DALL-E, MidJourney, and Stable Diffusion
accumulate millions of registered users, the tools’ image-creation abilities have sparked waves of
criticism. Some critics point to the use of AI to generate illegal and nonconsensual images. Others speak
about theft of intellectual property, suggesting a kind of “automated plagiarism.” Image generators are
trained on hundreds of thousands of images made by human creators. The Biden administration and the
Group of Seven (G7) both affirm copyright protection as a fundamental requirement for trustworthy AI,
but what this would mean for an artist whose work has been “stolen” to train these models remains
murky at best. The evolving landscape of generative AI reveals shortcomings in current copyright
regulations, including outdated notions of intellectual property and compensation as well as undue
burdens on creators.
 15

B. EXISTING COPYRIGHT LAW IS BIASED AGAINST THOSE WHOSE WORKS HAVE BEEN USED AGAINST THEIR CONSENT.
Trisha Ray, (Associate Dir., Geotech Center, Atlantic Council), CAN AI BE CREATIVE?, Dec. 18, 2023.
Retrieved Dec. 19, 2023 from https://www.atlanticcouncil.org/blogs/new-atlanticist/can-ai-be-creative-
global-copyright-laws-need-an-answer/
As generative AI becomes more advanced and widely accessible, and is applied in unexpected
ways, it has become quite evident that current copyright law—which often places undue onus on those
whose work is being used without their consent—offers inadequate solutions.
 16

NEGATIVE CASE #1: THE USE OF AI SUPPORTS THE WORK OF ARTISTS, MUSICIANS, AND
WRITERS
The thesis of this case is that the use of AI promotes, rather than replaces, the creative activities of artists,
musicians, and writers.
OBSERVATION:

I. ARTISTIC TECHNIQUES THAT PROMOTE CREATIVITY ARE MORE DESIRABLE.

A. HUMAN CREATIVITY IS AN IMPORTANT CORE VALUE.
Leah Hanes, (CEO, Imagination.org), WHY CREATIVITY?, Jan. 27, 2023. Retrieved Dec. 15, 2023 from
https://imagination.org/why-creativity/value-of-creativity/
Creativity is recognized as one of the most critical skills for the next generation. Its value reaches
well beyond the arts to affect every discipline and numerous industries. A popular survey conducted by
IBM of 1,500 CEOs from 60 countries and 33 industries identifies creativity as the “most crucial factor for
future success.”
B. METHODS PROMOTING HUMAN CREATIVITY OUGHT TO BE REGARDED AS DESIRABLE.
Iana Avramova, (Artist), DEVELOPING CREATIVE THINKING THROUGH ART, Nov. 17, 2021.
Retrieved Dec. 15, 2023 from https://www.learn-to-inspire.com/post/developing-creative-thinking-
through-art
Art is a powerful educational tool, which can amplify the power behind a concept or an idea. Not only
that but it can act as a catalyst into empowering our creative capacity. When we are exposed to art
environment it helps us engage in abstract and analytical thinking. We become more receptive to out-of-
the-box ideas and approaches.
CONTENTIONS:

I. HISTORY SHOWS THAT FEAR OF TECHNOLOGICAL ADVANCE IS MISPLACED.

A. ALL TECHNOLOGICAL ADVANCES HAVE BEEN MET WITH THE FEAR OF CHANGE.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
In Build for Tomorrow, Jason Feifer gives many examples of how people have reacted to change.
Bicycles were considered damaging to society, and books were considered dangerous for women. US
Founding Father Thomas Jefferson even said that novels were “poison [that] infects the mind.” Cars
were known as ‘devil wagons,’ and “people on the side of the streets started throwing rocks at [those in
cars]. Oftentimes, bystanders would yell, ‘Get a horse!’” When I was growing up in the 80s, TV was
rotting our brains and computer games caused violence in children. Now we live in a golden era for TV
and the gaming industry is bigger than music and movie industries combined.
B. SPELL AND GRAMMAR CHECK WERE ONCE VIEWED WITH SKEPTICISM.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
You are already AI-assisted and you already use AI tools as part of your daily life and your author
business. If you use Grammarly or ProWritingAid for aspects of editing, Google for research or Maps for
navigation or email with auto-anti-spam, Amazon for publishing or advertising or shopping, Facebook or
TikTok or Twitter for social media, Spotify for music discovery, or Netflix for TV, you are using AI-
assisted platforms and tools. Even if you only use Microsoft Word, it will soon be enhanced by generative
AI with Co-Pilot. You can go back to writing by hand on paper and avoid AI altogether, or you can take a
breath and follow your curiosity. Experiment.
 17

C. EBOOKS WERE ONCE VIEWED AS THE DEATH KNELL FOR LITERATURE.

Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE OF CHATGPT, Apr. 19, 2023. Retrieved
Dec. 15, 2023 from https://janefriedman.com/author/chris-jane/
I think people were sounding the same kinds of alarms about ebooks and the Kindle in 2009–2010.
They said ebooks (especially self-published ebooks) were going to kill the printed word and put
traditional authors, agents, editors, and bookstores out of business. Digital publishing-on-demand was
disruptive, and the industry needed to adjust and adapt. But here’s the thing: it did. The industry adjusted
and adapted, and digital publishing-on-demand is as viable an option as traditional publishing. Moreover,
the professional standards for self-publishing significantly increased as a result.
D. IT WAS ONCE THOUGHT THAT PHOTOGRAPHY WOULD PUT ARTISTS OUT OF BUSINESS, BUT
INSTEAD, IT PRODUCED A NEW ARENA FOR ARTISTIC EXPRESSION.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
The development of photography might be the closest comparison to where writers are now. As The
Guardian notes, “For 180 years, people have been asking the question: is photography art?” It uses a
machine to capture an image, and you don’t have to learn the skills of drawing or painting with a brush to
create a finished picture. Some considered photography cheating and unfair on those who take longer to
create by hand. Since anyone can do it, it’s essentially worthless, and it certainly can’t be considered art.
But now, of course, photography is considered an art form and people pay for beautiful photos to put on
their walls. They visit galleries and exhibitions to see photos, and they buy photobooks and prints. The
skill in photography is the choice of subject, the expert use of both the camera as a tool and the
subsequent post-processing software, and the deeper human meaning behind the image. Obviously,
some photos are not art. Some are functional, some are just for fun, some are personal, many are
worthless. Nevertheless, photography remains and the argument that it’s cheating and unfair to those
who paint or draw by hand has largely subsided.
E. ALL TECHNOLOGICAL ADVANCES ARE MET WITH UNREASONABLE FEAR – AI IS NO DIFFERENT.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
Too many people are making pronouncements about AI in the creative sphere without trying the
tools — or without trying them again, since there are developments every day and the tools are changing
and improving at high speed. An opinion you held last week may now shift based on new developments,
so question and test your assumptions. Too many people are stuck in panic and fear and/or avoidance
— which I completely understand as I have had those feelings too — but we need to move forward into
curiosity and adaptation, as generative AI is not going back in the box.
II. AI IS MORE LIKELY TO BE HELPFUL THAN HARMFUL FOR PRACTITIONERS IN THE CREATIVE ARTS.
A. AI PROMOTES HUMAN CREATIVITY.
Falon Fatemi, (CEO of Fireside, a Streaming Platform for Writers), WHY AI IS NOT GOING TO
REPLACE HOLLYWOOD CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from
https://www.forbes.com/ sites/falonfatemi/2023/06/21/why-ai-is-not-going-to-replace-hollywood-
creatives/?sh=61e1e8c442bb
The advent of AI doesn't diminish writers’ creative prowess; rather, it amplifies it by allowing them to
focus on the essence of their craft. Writers’ greatest asset in their ability to craft unique narratives and
evoke emotions through words. With AI taking care of routine tasks—and even generating text in the
writer’s own unique voice, writers are liberated to delve deeper into the lives and minds of their
characters, to iterate on plotlines to make them even more original, and to experiment with new narrative
forms and formats, since AI only generates from what is and has been.
Falon Fatemi, (CEO of Fireside, a Streaming Platform for Writers), WHY AI IS NOT GOING TO
REPLACE HOLLYWOOD CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from
https://www.forbes.com/ sites/falonfatemi/2023/06/21/why-ai-is-not-going-to-replace-hollywood-
creatives/?sh=61e1e8c442bb
When we welcome AI as a companion on the creative journey, we allow each writer to, in effect,
become their own studio—an approach which certainly didn’t hurt Walt Disney. Writers can leverage AI’s
strengths to amplify their output, unlock new realms of imagination and bring their stories to life like never
before. Today, writers are not facing a threat. Rather, they have the opportunity to redefine the art of
storytelling in the age of AI.
 18

B. AI PROVIDES BRAINSTORMING ASSISTANCE.

Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE OF CHATGPT, Apr. 19, 2023. Retrieved
Dec. 15, 2023 from https://janefriedman.com/author/chris-jane/
Next, I did some creative exploration for fiction—titles, story ideas, and even scenes of description
and dialogue. For example, I asked Chat GPT “What kind of character would appeal to a Generation X
female reader?” Or “What are the most popular tropes for contemporary romance?” When I wrote The AI
Author Assistant, I asked for title and subtitle recommendations. In the book, I showed the progress of
how I ultimately came up with the title I did. The most interesting and unexpected result was all that
exploration and play sparked ideas of my own. So, for example, if I asked ChatGPT to give me 10
premises for an office romance, I would decide they were all too generic—and then the following morning
in the shower a fresh idea for an office romance would come to me.
C. AI HELPS ARTISTS FIND WAYS TO EXPRESS THEIR CREATIVE IDEAS.
Tojin Eapen et al. (Prof., Business, U. of Missouri), HARVARD BUSINESS REVIEW, July/August 2023.
“How Generative AI Can Augment Human Creativity.” Retrieved Dec. 15, 2023 from
https://hbr.org/2023/07/how-generative-ai-can-augment-human-creativity
Humans have boundless creativity. However, the challenge of communicating their concepts in
written or visual form restricts vast numbers of people from contributing new ideas. Generative AI can
remove this obstacle.
D. AI CAN ACTUALLY HELP SPARK HUMAN CREATIVITY.
Ramón López de Mántaras, (Artificial Intelligence Research Institute (IIIA), Bellaterra, Spain),
ARTIFICIAL INTELLIGENCE AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY May 31,
2023. Retrieved Dec. 15, 2023 from https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
and-the-arts-toward-computational-creativity/
Can we use artificial intelligence to support human creativity and discovery? A new trend known as
Assisted Creation has important implications for creativity: on the one hand, assistive creation systems
are making a wide range of creative skills more accessible. On the other hand, collaborative platforms,
such as the one developed within the European project PRAISE for learning music, are making it easier
to learn new creative skills. PRAISE is a social network-based learning platform that includes humans
and intelligent software agents that give feedback to a music student regarding music composition,
arrangement, and performance. Students upload their solutions to a given lesson plan provided by a
tutor (compositions, arrangements, or performances).
E. AI SHOULD BE VIEWED AS A USEFUL TOOL FOR PRACTITIONERS OF THE ARTS.
Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE OF CHATGPT, Apr. 19, 2023. Retrieved
Dec. 15, 2023 from https://janefriedman.com/author/chris-jane/
Meanwhile, administrative things I began using it for—outlines and timetables and daily schedules,
mainly—were freeing me creatively and improving my productivity and time management. This past
month, I started writing two novels with overlapping storylines, kind of like companion novels. ChatGPT
generated outlines for each, and I’ve been writing both manuscripts as if they were one novel with
alternating POVs. In three weeks, I drafted 35,000 words (combined). At this rate, I predict I’ll complete
the first draft of both by the end of June.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
But when I started co-writing with GPT4 (and it really does feel like co-writing), I had a moment of
reckoning. It is a step change from what has come before. Based on my ideas and my structured
prompting and using my own J.F. Penn fiction as examples to guide voice and tone, I was able to output
words much faster than I could write them myself. I was so engrossed in the story as I prompted and
GPT4 generated, that I enjoyed the experience far more than writing alone. It was so much fun that I was
desperate to get back to the page to continue turning what was in my head into reality.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
The Merriam Webster dictionary defines author as “the writer of a literary work (such as a book), and
also “one that originates or creates something.” The latter half of the definition works perfectly if you want
to embrace AI-assistance. You can use AI tools through the creative process, with your ideas as the
origin of the story or the non-fiction book, your hand-crafting through multiple prompting layers, your
guidance and editing shaping the final version of whatever you want to create.
 19

F. AI CAN HELP CURE WRITER’S BLOCK.

Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE OF CHATGPT, Apr. 19, 2023. Retrieved
Dec. 15, 2023 from https://janefriedman.com/author/chris-jane/
I use ChatGPT as a springboard. For example, I dislike writing book descriptions, and I always
freeze up when it’s time to write one. I asked ChatGPT to write a book description for The AI Author
Assistant. I hated what it came up with; however, it unblocked me and I wrote a description on my own. (I
used only one line from the AI-generated one, and tweaked it a bit.) I did the same writing copy for
Amazon ads. ChatGPT gave me some ideas to work with, and I then created copy in my own words.
Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE OF CHATGPT, Apr. 19, 2023. Retrieved
Dec. 15, 2023 from https://janefriedman.com/author/chris-jane/
I think it can if you use it as a freewriting technique. For example, if I don’t know what scene comes
next, I could summarize (or perhaps even copy and paste) the previous scene and outright ask ChatGPT
“What do you think should happen next?” In the past, I’ve tried to unblock myself by typing, “What I’m
trying to say is…” and then proceeding to try to work it out on the page, however messy it may be. You
can say that to ChatGPT and it could potentially help you organize your thoughts or give you clarity or
direction.
G. AI CAN BE USED AS A RESEARCH ASSISTANT.
Falon Fatemi, (CEO of Fireside, a Streaming Platform for Writers), WHY AI IS NOT GOING TO
REPLACE HOLLYWOOD CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from
https://www.forbes.com/sites/falonfatemi/2023/06/21/why-ai-is-not-going-to-replace-hollywood-
creatives/?sh=61e1e8c442bb
AI has the remarkable ability to process vast amounts of data, analyze patterns, and generate
insights at lightning speed. By harnessing its power, writers can optimize their time and focus on higher-
value tasks. Mundane activities like researching, fact-checking, and organizing information can be
delegated to AI, freeing up those hours for writers to do the emotional storytelling that humans do best.
H. AI INCREASES WRITERS’ PRODUCTIVITY.
Falon Fatemi, (CEO of Fireside, a Streaming Platform for Writers), WHY AI IS NOT GOING TO
REPLACE HOLLYWOOD CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from
https://www.forbes.com/sites/falonfatemi/2023/06/21/why-ai-is-not-going-to-replace-hollywood-
creatives/?sh=61e1e8c442bb
Efficiency directly translates into productivity, and increased productivity means that writers can take
on and complete more projects, participate in more collaborations, and ultimately, earn more income.
Writers often face the challenge of juggling multiple projects while striving to maintain the quality of their
work. AI can be writers’ ally in this endeavor.
I. MUSICIANS USE AI AS A COLLABORATIVE ASSISTANT.

Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
In the creative sphere, Feifer reports that musicians initially resisted recorded music, seeing it as a
threat to their live performances, but then pivoted into embracing it when they began to make money
from recordings. As I write this in May 2023, there is controversy over Heart on my Sleeve, a viral hit
song created with the AI-synthesized voices of two human artists, with debates over the ramifications for
copyright and fair use legal frameworks. But some artists are embracing the change, with musician
Grimes saying on Twitter, “I'll split 50% royalties on any successful AI-generated song that uses my
voice. Same deal as I would with any artist I collab with.
 20

J. ARTISTS USE AI AS A TOOL TO INCREASE HUMAN CREATIVITY.

Himanshu Kumar, (Staff, Medium.com), 6 WAYS AI ART GENERATORS WILL HELP ARTISTS, NOT
REPLACE THEM, Jan. 5, 2023. Retrieved Dec. 15, 2023 from https://medium.com/@imhimanshu/ai-art-
generators-will-help-artists-541ab7f2047a
After working on design projects day in and day out, it can be easy to get stuck in a rut. After a while,
it can be difficult to come up with new, original ideas. This is where AI art generators can help. By using
artificial intelligence, you can create art that is unique and original, providing you with new ideas for your
next project. They can help you expand your creative horizons by giving you access to design
possibilities that you never would have considered before. This tool can assist you in breaking out of a
creative rut, and producing truly one-of-a-kind art. With this tool at your disposal, you can push the
boundaries of your creativity; discovering new styles, and methods of art that you would have never
come up with on your own.
K. AI WILL NOT REPLACE CREATIVE ARTISTS.
Falon Fatemi, (CEO of Fireside, a Streaming Platform for Writers), WHY AI IS NOT GOING TO
REPLACE HOLLYWOOD CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from
https://www.forbes.com/sites/falonfatemi/2023/06/21/why-ai-is-not-going-to-replace-hollywood-
creatives/?sh=61e1e8c442bb
While concerns have been raised about AI's potential to replace human workers, that is unlikely.
Writers’ ideas are indispensable and, even with AI, their future is bright. AI should not be seen as a
threat, but as a partner. AI holds immense potential as the ultimate copilot, enabling writers to be more
efficient, prolific, and creative than ever before.
 21

NEGATIVE CASE #2: THE USE OF AI BEST PROMOTES INTEREST IN THE ARTS
The thesis of this case is that the use of AI promotes the creative activities of artists, musicians, and writers. AI is
bringing appreciation of the creative arts to a broader generation – especially to young people. As a result, the
creative arts become more diverse and inclusive.
OBSERVATION:

I. INCLUSION IS THE VALUE THAT SHOULD BE THE DETERMINANT OF DESIRABILITY.

A. INCLUSION IS AN IMPORTANT CORE VALUE FOR THE ARTS.
Arts Consulting Group, INCLUSION, DIVERSITY, EQUITY, AND ACCESS: WHY NOW IN THE ARTS
AND CULTURE SECTOR? March 29, 2023. Retrieved Dec. 15, 2023 from
https://artsconsulting.com/arts-insights/inclusion-diversity-equity-and-access-why-now-in-the-arts-and-
culture-sector/
Despite these major changes in age, gender, and ethnicity in the United States and Canada, arts
and culture organizations are struggling to appeal to this massive wave of potential new audiences,
donors, board members, and employees. The Baseline Demographic Survey of the Local Arts Field
conducted by Americans for the Arts in 2017 indicated the median age of local arts respondents was 12
years older than the median age of the United States population. In A Decade of Arts Engagement:
Findings from the Survey of Public Participation in the Arts, 2002–2012, the National Endowment for the
Arts stated that “changes in United States demographic composition appear to have contributed to the
overall declines in performing arts attendance.” Arts and culture organizations need to take active steps
now to attract more diverse audiences, donors, employees, and other key stakeholders if they want to
achieve programmatic, financial, and operational success in the very near future.
B. INCLUSION REQUIRES BRINGING THE CREATIVE ARTS TO A BROADER AUDIENCE.
Rachel Tait et al. (Analyst, John Westlake Foundation), HOW CAN WE ENGAGE MORE YOUNG
PEOPLE IN ARTS AND CULTURE?, July 2019. Retrieved Dec. 15, 2023 from
https://www.thinknpc.org/wp-content/uploads/2019/08/Arts-Engagement-Report-2019-web.pdf
Unfortunately, these benefits of the arts are not enjoyed equally. People from poorer backgrounds
continue to be less likely to engage with the arts, and the same is true for people of black, Asian or
minority ethnic heritage (BAME). If you are disabled, come from a lower socioeconomic group, don’t own
your own home, or don’t have higher level qualifications, you are less likely to have participated in the
arts in the past 12 months. It’s therefore right that young people should be a target audience for arts
engagement efforts to encourage a lifelong love of the arts.
CONTENTIONS:

I. THE USE OF AI IN ART, MUSIC, AND LITERATURE PROMOTES LOVE FOR THE ARTS FOR A WIDER
AUDIENCE.

A. AI IS THE KEY TO OPENING DOORS FOR YOUNGER CREATIVE ARTISTS.

National Foundation for Youth Music, GENERATION AI: HOW YOUNG MUSICIANS ARE EMBRACING
AI, Oct. 10, 2023. Retrieved Dec. 15, 2023 from https://youthmusic.org.uk/generation-ai-how-young-
musicians-are-embracing-ai
There are still important questions to be addressed around the monetising of AI and the ownership of
content, for example. "However, what we're hearing right now from the next generation of creatives Is
excitement around its potential to equalise access to making, learning and earning in music. Especially
those who don’t have the advantage of expensive music education or equipment to aid their learning
process, or paid support to run their business. The fact that two thirds (63%) of young people see AI as a
useful tool in their creative arsenal, reinforces this idea that there is a future for AI in the creative sphere.
"From their perspective, our research shows that AI Is levelling the playing field, which will ensure a more
diverse pipeline of talent entering the music industries."
 22

Sarah Ransome, (Artist), ART IDEAS FOR KIDS: USING ARTIFICIAL INTELLIGENCE (AI) ART
GENERATORS, 2023. Retrieved Dec. 16, 2023 from https://www.sarahransomeart.com/blog/art-and-
craft-ideas-for-kids-using-artificial-intelligence-ai-art-generators
AI Art can inspire children to think outside the box and explore new ideas. Through AI Art, children
can learn about the principles of design, color, and composition, and apply these concepts to their own
artworks. AI Art can also introduce children to new themes, art mediums and concepts that they may not
have encountered before, for example they can become aware of and start applying cubism, pop art or
cyber punk, to name a few.
B. AI ALLOWS PERSONS WITH DISABILITIES TO PARTICIPATE IN ARTISTIC CREATION.
Kelly Bishop, (Staff, Vice), IS AI MUSIC A GENUINE THREAT TO REAL ARTISTS?, Feb. 16, 2023.
Retrieved Dec. 15, 2023 from https://www.vice.com/en/article/88qzpa/artificial-intelligence-music-
industry-future
Many musicians seem to be of the opinion that using AI to create music is cheating, but once you
start discussing who should be allowed to make art and how, other kinds of ethical questions around
ableism and classism arise. Advancements in technology are leading to instruments being developed
that can be played by people with disabilities. An eye harp controlled with eye movement alone has
allowed people to create music whose bodies normally wouldn’t allow them to do so – is that cheating,
too? Many people are deprived of the privilege of creating art, not only for reasons of ability but
accessibility, too. Not everyone has the option of music lessons or can afford to buy an instrument to
practise on – maybe one benefit of AI music apps is that they democratise songwriting.
C. THE USE OF AI PROMOTES A BROADER APPRECIATION OF ARTISTIC CREATIVITY.
Ramón López de Mántaras, (Artificial Intelligence Research Institute (IIIA), Bellaterra, Spain),
ARTIFICIAL INTELLIGENCE AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY May 31,
2023. Retrieved Dec. 15, 2023 from https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
and-the-arts-toward-computational-creativity/
New technologies, and in particular artificial intelligence, are drastically changing the nature of
creative processes. Computers are playing very significant roles in creative activities such as music,
architecture, fine arts, and science. Indeed, the computer is already a canvas, a brush, a musical
instrument, and so on.
D. THE USE OF AI STIMULATES REVERENCE FOR GREAT ARTISTS OF THE PAST.
Ramón López de Mántaras, (Artificial Intelligence Research Institute (IIIA), Bellaterra, Spain),
ARTIFICIAL INTELLIGENCE AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY May 31,
2023. Retrieved Dec. 15, 2023 from https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
and-the-arts-toward-computational-creativity/
Certainly the best-known work on computer composition using AI is David Cope’s EMI project. This
work focuses on the emulation of styles of various composers. It has successfully composed music in the
styles of Cope, Mozart, Palestrina, Albinoni, Brahms, Debussy, Bach, Rachmaninoff, Chopin, Stravinsky,
and Bartok. It works by searching for recurrent patterns in several (at least two) works of a given
composer. The discovered patterns are called signatures. Since signatures are location dependent, EMI
uses one of the composer’s works as a guide to fix them to their appropriate locations when composing a
new piece. To compose the musical motives between signatures, EMI uses a compositional rule
analyzer to discover the constraints used by the composer in his works.
E. THE USE OF AI INCREASES ACCESS TO ARTISTIC EXPRESSION.
Ramón López de Mántaras, (Artificial Intelligence Research Institute (IIIA), Bellaterra, Spain),
ARTIFICIAL INTELLIGENCE AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY May 31,
2023. Retrieved Dec. 15, 2023 from https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
and-the-arts-toward-computational-creativity/
A basic idea is that creativity is a social process that can be augmented through technology. By
projecting these ideas into the future, we could imagine a world where creativity is highly accessible and
(almost) anyone can write at the level of the best writers, paint like the great masters, compose high-
quality music, and even discover new forms of creative expression. For a person who does not have a
particular creative skill, gaining a new capability through assisted creation systems is highly empowering.
 23

F. THE USE OF AI TAKES HUMAN CREATIVITY TO HIGHER LEVELS.

Haochen Sun, (Prof., Law, Hong Kong Faculty of Law), IOWA LAW REVIEW, Mar. 2022, 1241.
The expression contributed by the AI system making independent creative choices blends with the
human creator's expression such that the resulting work does not fully embody the original intellectual
conception of the human creator. In such a case, it is difficult to assert that the AI system is an agent of
fixation while authorship is solely attributed to the human creator.
Joanna Penn, (Best-Selling Author), THE AI-ASSISTED ARTISAN, May 5, 2023. Retrieved Dec. 15,
2023 from https://www.thecreativepenn.com/2023/05/05/ai-assisted-artisan-author/
If you are AI-positive or at least AI-curious, check out the Facebook groups AI Writing for Authors,
and AI Art for Authors, which are full of great tips and tricks and recommendations for various tools and
prompts to get started. You can also get ideas from The AI Author Assistant by Elisa Lorello, or check
out tutorial videos like Elisabeth Ann West’s videos on Sudowrite, or join J. Thorn’s newsletter about the
impact of AI on creatives at creativeaidigest.com, or check out Monica Leonelle's essays at The Author
Analyst. This is the beginning of a new form of creativity, and everyone is finding their own way.
Haochen Sun, (Prof., Law, Hong Kong Faculty of Law), IOWA LAW REVIEW, Mar. 2022, 1241.
Rather, AI-generated creations could even be the result of the collaboration between humans and AI
systems. The output does not solely contain the expression of the human creator with the AI system
using its own capacities to create and thereby contribute original expression to the resulting work.
II. THE CLAIM THAT THE USE OF AI IN THE ARTS CONSTITUTES STEALING IS MISGUIDED.
A. CREATIVE ARTISTS HAVE ALWAYS RELIED ON SOURCES BEYOND THEMSELVES.
Laura Smith, (Deputy Editor, California Magazine), WILL AI WRITE THE NEXT GREAT AMERICAN
NOVEL?, Apr. 15, 2021. Retrieved Dec. 15, 2023 from https://www.universityofcalifornia.edu/news/will-
ai-write-next-great-american-novel
Writing, arguably, hasn’t experienced any major evolutionary steps since word processing sped up
the transfer of thoughts from brain to page, or since the internet widened our access to information. What
if, armed with beautiful machines, writers could push their artform beyond its current boundaries,
transcend the idea of authorship, even unravel the mysteries of the creative process? That could be
revolutionary. And yet, we’ve long accepted the idea that stories come from a “force” outside of us. By
John Milton’s own account, he wasn’t the author of “Paradise Lost.” He claimed it was dictated to him by
his “celestial patroness” while he slept. He would emerge from his slumbers with the fully formed epic
poem ready to be announced to the closest person with a pen. When he tried to write while awake,
without his muse, nothing came. The feeling of words and ideas flowing through you is one of the most
gratifying experiences a writer can have. Who’s to say a muse couldn’t be mechanical?
B. AI DEVELOPS ARTISTIC SKILL USING THE SAME METHODS AS HUMAN CREATIVES.
Grant Darling, (Staff, Udemy), IS AI ART REALLY THEFT? THE ETHICALITY OF AI ART
GENERATORS, Feb. 10, 2023. Retrieved Dec. 15, 2023 from https://thecodebytes.com/is-ai-art-theft/
Many people understand that these ai art generators are taking millions of images and using them to
create new artwork. Which sounds like theft. However, people also assume these art generators are
copying pixel for pixel from multiple images to create a single image. This would be plagiarism. However,
this is also not the case. What AI Art AI is actually doing is learning from these images. A big difference
between copying and pasting.
Ella Feldman, (Contributor, Smithsonian Magazine), ARE A.I. IMAGE GENERATORS VIOLATING
COPYRIGHT LAWS?, Jan. 24, 2023. Retrieved Dec. 15, 2023 from
https://www.smithsonianmag.com/smart-news/are-ai-image-generators-stealing-from-artists-180981488/
Speaking with the Associated Press in December, before the lawsuits were filed, Midjourney CEO
David Holz compared the process behind his image generating service to the process behind human
creativity, which often entails drawing inspiration from other artists. “Can a person look at somebody
else’s picture and learn from it and make a similar picture?” Holz said. “Obviously, it’s allowed for people
and if it wasn’t, then it would destroy the whole professional art industry, probably the nonprofessional
industry too. To the extent that A.I.s are learning like people, it’s sort of the same thing and if the images
come out differently then it seems like it’s fine.”
 24

C. THE USE OF AI IN THE ARTS IS NOT THEFT.

Grant Darling, (Staff, Udemy), IS AI ART REALLY THEFT? THE ETHICALITY OF AI ART
GENERATORS, Feb. 10, 2023. Retrieved Dec. 15, 2023 from https://thecodebytes.com/is-ai-art-theft/
Ultimately, to say AI art is theft just isn’t true. AI art-making models are a tool and it is within the
hands of the user to either use them ethically or unethically. These AI art-generating models are not
directly stealing other’s artwork or images to create their own, they just use them to learn. Similar to any
artist. However, if you ask the AI to make art in the style of a famous artist, it could be seen as unethical.
That being said, there is nothing stopping a human artist from doing the same thing.
Grant Darling, (Staff, Udemy), IS AI ART REALLY THEFT? THE ETHICALITY OF AI ART
GENERATORS, Feb. 10, 2023. Retrieved Dec. 15, 2023 from https://thecodebytes.com/is-ai-art-theft/
Based on our understanding of AI art above, these AI models are not actually stealing any images or
directly using them to create art. They are simply analyzing the images, learning from them, and then
taking what they have learned to create something new. From an ethical standpoint, how is this any
different from what a human artist does?
 25

NEGATIVE CASE #3: THE USE OF AI IN THE ARTS ACTUALLY INCREASES THE VALUE
OF HUMAN CREATIONS
The thesis of this case is that the use of AI actually increases the interest in, and the financial value of, original
human artistic creations. The use of non-fungible tokens (NFTs) allows artists, musicians, and writers to firmly
establish ownership of their creations. The growing use of NFTs will ensure that creative artists receive proper
financial compensation.
OBSERVATION:

I. SUPPORTING THE DIGNITY OF CREATIVE ARTISTS OUGHT TO BE THE MEASURE OF DESIRABILITY.

A. HUMAN DIGNITY IS THE MOST IMPORTANT OF CORE VALUES.
European Union, AIMS AND VALUES, Nov. 16, 2021. Retrieved Dec. 15, 2023 from https://european-
union.europa.eu/principles-countries-history/principles-and-values/aims-and-values_en
Human dignity is inviolable. It must be respected, protected and constitutes the real basis of
fundamental rights.
Nicola Pless, (Prof., Ethics, U. of South Australia), ART, ETHICS AND THE PROMOTION OF DIGNITY,
2017. Retrieved Dec. 15, 2023 from https://www-jstor-org.ezproxy.baylor.edu/stable/45022258
Dignity plays a crucial role as both, a moral source and as the ultimate objective of humanizing
organizational cultures, workplaces and relationships.
B. FOR CREATIVE ARTISTS, FAIR COMPENSATION IS THE APPROPRIATE MEASURE OF HUMAN DIGNITY.

William Deresiewicz, (Former Prof., English, Yale U.), WE NEED TO TREAT ARTISTS AS WORKERS,
NOT DECORATIONS, Aug. 5, 2020. Retrieved Dec. 15, 2023 from https://lithub.com/we-need-to-treat-
artists-as-workers-not-decorations/
Art has value. It ought to have financial value. No, people don’t deserve to get paid for doing
something they love—an argument you often hear in connection with issues like piracy and copyright—
but they do deserve to get paid for doing something you love, something other people love. That’s how
markets work, by putting a price on other forms of value.
William Deresiewicz, (Former Prof., English, Yale U.), WE NEED TO TREAT ARTISTS AS WORKERS,
NOT DECORATIONS, Aug. 5, 2020. Retrieved Dec. 15, 2023 from https://lithub.com/we-need-to-treat-
artists-as-workers-not-decorations/
Art may occupy the realm of the spirit, but artists do not. They have bodies as well as souls, and
bodies make their gross demands. In plainer language, artists have to eat.
CONTENTIONS:

I. THE USE OF AI IN THE ARTS WILL NEVER REPLACE HUMAN ARTISTS, MUSICIANS, AND WRITERS.
A. CONSUMERS WILL STILL VALUE ORIGINAL HUMAN ARTISTIC CREATIONS.
Dan Burk, (Distinguished Professor of Law, University of California, Irvine), GEORGIA LAW REVIEW,
2023, 1686.
We can, for example, already reprint essentially infinite copies of graphics such as the visual works
of Rembrandt van Rijn for popular consumption. These can be produced at any level of resolution and
fidelity desired, including brushstroke reproductions of the original paintings. This does not change the
value of the original paintings of course; the reproductions are not authentic in the sense of having been
produced by the physical action of the painter Rembrandt. As Benjamin might say, only the initial
Rembrandt painting carries an aura of authenticity; reproductions, no matter what their physical quality,
lack this attribute.
Amy Adler, (Prof., Law, New York University School of Law), NYU LAW REVIEW, 2023, 759.
We live in a culture of perfect, cheap, endless copies. Against that backdrop, our quixotic, even
mysterious, desire to own "the real thing" strikes me as a symptom that we have lost something even
greater. Surrounded by simulacra, we yearn for what is disappearing - the "real."
 26

Morgan Sung, (Staff, NBC News), LENSA, THE AI PORTRAIT APP, HAS SOARED IN POPULARITY.
BUT MANY ARTISTS QUESTION THE ETHICS OF AI ART. Dec. 6, 2022. Retrieved Dec. 15, 2023 from
https://www.nbcnews.com/tech/internet/lensa-ai-artist-controversy-ethics-privacy-rcna60242
Prisma issued a lengthy Twitter thread on Tuesday morning, in which it addressed concerns of AI art
replacing art by actual artists. The thread did not address accusations that many artists didn’t consent to
the use of their work for AI training. “As cinema didn’t kill theater and accounting software hasn’t
eradicated the profession, AI won’t replace artists but can become a great assisting tool,” the company
tweeted. “We also believe that the growing accessibility of AI-powered tools would only make man-made
art in its creative excellence more valued and appreciated, since any industrialization brings more value
to handcrafted works.”
B. TECHNOLOGICAL REPRODUCTION ACTUALLY INCREASES THE VALUE OF ORIGINALS.
Amy Adler, (Prof., Law, New York University School of Law), NYU LAW REVIEW, 2023, 769.
In my view, our yearning for authenticity has been paradoxically amplified by our current culture of
copying and the disorientation that it produces. We're drowning in images we're drowning in information
we're living on Zoom and in virtual space we're moving into the metaverse. Nothing is real. At times it
seems as if we're grasping for something to hold on to and touch. We see this quest for authenticity
across culture, not just in art. The passion for vinyl records has come back into vogue in our age of
streaming. Suddenly the coolest media outlet for Gen Z is a printed newspaper, available not online but
in a box on a corner in the hipster neighborhood called "Dimes Square" in New York City.
C. HUMAN CREATIVE ARTISTS WILL NEVER BE REPLACED.

Sam Johnson, (Editor-In-Chief of Otter PR), WHY AI CAN’T REPLACE A CLIENT-FOCUSED TEAM OF
DEDICATED HUMAN WRITERS, Apr. 3, 2023. Retrieved Dec. 15, 2023 from
https://www.spiceworks.com/tech/artificial-intelligence/guest-article/why-ai-cant-replace-human-writers/
Frankly, I don’t know any writer who would scoff at freeing up some of their time that would otherwise
be dedicated to research and outlining. The ability of AI programs to do the frontline work of compiling
data, outlining, and prompting ideas can prove endlessly helpful for writers looking to maximize their
productivity and output. With all that current AI is capable of and all of the advancements that will come
soon, writers need to think of AI not as a replacement but as an additional tool in their toolbelt. AI will
hopefully improve the writer’s job, but it is not on its way to replacing human writers soon.
Sam Johnson, (Editor-In-Chief of Otter PR), WHY AI CAN’T REPLACE A CLIENT-FOCUSED TEAM OF
DEDICATED HUMAN WRITERS, Apr. 3, 2023. Retrieved Dec. 15, 2023 from
https://www.spiceworks.com/tech/artificial-intelligence/guest-article/why-ai-cant-replace-human-writers/
AI is based on statistics and quantitative modeling. It is unfamiliar with emotion and often struggles
with context, hyperbole, and prose. These programs cannot think independently of human intervention
because they are utilitarian — they are merely meant to serve a purpose and get a job done as efficiently
as possible. We live in a world where emotional language still serves a purpose; hyperbole, humor, and
stunning prose thrill people, win awards, and make a difference in people’s lives.
II. IRONICALLY, AI HAS ALSO CREATED THE MECHANISM FOR IDENTIFYING AND FINANCIALLY REWARDING ORIGINAL HUMAN
ARTISTIC CREATIONS.

A. AI HAS CREATED THE NEW WORLD OF NON-FUNGIBLE TOKENS (NFTS).

Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1089.
The starting point in understanding how NFTs are developing De-IP is recognizing that an NFT is
itself a new form of intellectual property - one that wasn't created by statute or the common law, but
instead by computer code and decentralized technology using blockchain.
Amy Adler, (Prof., Law, New York University School of Law), NYU LAW REVIEW, 2023, 760.
To vastly oversimplify: NFTs are unique non-fungible cryptographic tokens, existing on the
blockchain, that identify or "point to" things. While NFTs can point to anything, one of the first
applications of NFT technology was in the realm of digital art, and even now, as their uses continue to
expand, NFTs most frequently point to digital images or clips that are publicly available and capable of
endless repetition.
 27

Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1054.
When people buy NFTs, they are not buying "just a JPEG." Instead, the sale involves a purchase of
the virtual token, a new type of property, stored on blockchain, plus a content license, granted by the
creator, that allows the NFT owner to make certain uses of the associated copyrighted work, such as
commercial uses and the making of derivative works. This complex arrangement of virtual ownership -
the sale of a virtual token with a content license that grants the NFT owner certain rights to use the
associated artwork - has created a new form of decentralized intellectual property.
B. AT PRESENT, THERE IS DRAMATIC GROWTH IN THE USE OF NFT MARKERS.
Amanda Sharp, (JD Candidate), SAN DIEGO LAW REVIEW, Fall 2022, 638.
The year is 2022 and a new art phenomenon is sweeping the nation - non-fungible tokens (NFTs).
Non-fungible assets are unique and cannot be replicated. While the word token might suggest NFTs are
associated with a physical coin, NFTs are simply unique data strings that provide public proof of asset
ownership. NFTs track a digital asset's possession on a phenomenon called a blockchain. Similar to how
a barcode on an item of clothing marks the clothing's price, tracks inventory of that item, and can be
referenced to verify that an authentic purchase has occurred, NFTs can track digital asset ownership and
verify a transaction's authenticity. NFTs are commonly used to track the transfer, trade, and sale of
digital artworks; however, NFTs have also been associated with songs, movies, and other creative and
non-creative works.
Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1055.
Although the market for NFTs is in its early stages, in 2021 over $27 billion in NFT sales occurred.
To put that number into perspective, global streaming revenue from recorded music was estimated to be
only $19.6 billion in 2021. To get a glimpse of how NFTs operate as De-IP, consider that NFTs are,
themselves, a new form of intellectual property. One can abandon copyrights for the artwork associated
with an NFT, yet the NFT can have independent value as intellectual property.
C. THE NFT MARKER CAN BE USED FOR ANY TYPE OF ARTISTIC CREATION.

Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1076.
As computer programs, NFTs are extremely versatile. NFTs can be programmed to identify virtually
anything. Although the most prominent uses reported by the media have involved artwork and visual
images, often sold for millions of dollars, NFTs can be programmed to associate with limitless subject
matter, ranging from artwork and collectibles to financial instruments and intellectual property rights to
virtual real estate and even rights to have someone perform certain conduct, such as getting a tattoo. In
other words, NFTs can be used to "tokenize" subject matter as far as human imagination runs. Whatever
can be owned can be made into a virtual token or NFT. One benefit of doing so is having a permanent
public record of it.
Randy Ginsburg, (Staff, NFT Now), LITERARY NFTS: HERE’S HOW WRITERS CAN LEVERAGE
THEIR PASSION IN WEB3, Sept. 28, 2022. Retrieved Dec. 15, 2022 from
https://nftnow.com/guides/literary-nfts-heres-how-writers-can-leverage-their-passion-in-web3/
The beauty of literary NFTs lies in their versatility. NFTs can showcase a written work, act as a digital
collectible, or serve as a key to an exclusive fan community. Some creators may even release individual
NFTs of fictional literary characters. While still in its infancy, plenty of literary NFT projects have popped
up in the last year from independent and well-established creators.
Randy Ginsburg, (Staff, NFT Now), LITERARY NFTS: HERE’S HOW WRITERS CAN LEVERAGE
THEIR PASSION IN WEB3, Sept. 28, 2022. Retrieved Dec. 15, 2022 from
https://nftnow.com/guides/literary-nfts-heres-how-writers-can-leverage-their-passion-in-web3/
A major aspect of NFTs is the ability for creators to add unlockable content. This is specifically
relevant for literary NFTs as now, instead of minting a block of plain text, creators have the freedom and
flexibility to experiment with using different media forms such as photos, videos, and GIFs for the actual
NFT while including the written work as downloadable content in the form of a PDF, .epub, or text file. It’s
good to note that the downloadable content doesn’t need to be text. It can be anything, like an exclusive
audio file, a link to an owner’s only live reading, or a collection of work-in-progress titles that didn’t make
the cut.
 28

D. THE NFT MARKER IS PRESERVING FINANCIAL REWARDS FOR HUMAN CREATORS.

Randy Ginsburg, (Staff, NFT Now), LITERARY NFTS: HERE’S HOW WRITERS CAN LEVERAGE
THEIR PASSION IN WEB3, Sept. 28, 2022. Retrieved Dec. 15, 2022 from
https://nftnow.com/guides/literary-nfts-heres-how-writers-can-leverage-their-passion-in-web3/
When it comes to earning power, writers have historically gotten the short end of the stick. Due to the
vastly misaligned financial incentives of the traditional publishing industry, professional writers are often
subject to low salaries and razor-thin royalty percentages, while the publishers and distributors capture
the majority of the value. NFTs flip the value chain on its head, allowing creators to earn immediately,
directly, and in some situations, consistently.
Amy Adler, (Prof., Law, New York University School of Law), NYU LAW REVIEW, 2023, 759.
In March 2021, the non-fungible token (NFT) revolution burst onto the art market. Christie's sold an
NFT of a work by the digital artist Beeple for $69 million. It was the third most expensive work by a living
artist sold at auction, placing Beeple directly behind Jeff Koons and David Hockney. (The Beeple work is
also the most expensive single NFT sold to date in any market, not just the art market.)
Chelsea Cohen, (JD Candidate, Loyola Law School, Los Angeles), HASTINGS COMMUNICATION &
ENTERTAINMENT LAW JOURNAL, Winter 2023, 47.
NFTs create a way for artists to sell virtual merchandise, album posters, tickets to exclusive virtual
shows, and songs as digital tokens. The potential profits that can be generated from this new evolution of
music and the internet are huge. This is evidenced by Kings of Leon, who became the first band to fully
release an album as an NFT which grossed over two million dollars in its first week.
Chelsea Cohen, (JD Candidate, Loyola Law School, Los Angeles), HASTINGS COMMUNICATION &
ENTERTAINMENT LAW JOURNAL, Winter 2023, 59.
The decentralized universe introduces the unique concept of digital property rights. With the
introduction of these rights, more opportunities open for songwriters and publishers to profit from
downstream, second-market royalties.
E. THE NFT MARKER MAKES UP FOR THE SHORTCOMINGS OF COPYRIGHT.

Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1051.
The Copyright Act was designed for the printing press, not the Internet. The Act did not anticipate
how transitory copies would become a natural part of the process of simply viewing material, making
innocent acts potentially infringement, or how digital copies profoundly alter the economics of cultural
production and the ease of infringement, as well as pose challenges under doctrines once thought
fundamental, such as the first-sale doctrine.
Amy Adler, (Prof., Law, New York University School of Law), NYU LAW REVIEW, 2023, 708.
Why buy something for vast sums of money that other people can seemingly have for free? This is
one of the puzzles confronting people new to both the art market and the market in Non-Fungible Tokens
("NFTs"). Both soaring markets depend on a stark division between real and fake, original and copy. Yet
in a world of increasingly cheap and limitless copying, why do people still pay so much for authentic
originals when you can download or 3D-print identical copies? What is the mysterious mechanism that
creates value in a world of unfettered mechanical and digital reproduction? For years, the mechanism
was copyright law, which was created to solve the problem of how to monetize works that could be
copied. But the art market, presaging the NFT market, long ago cast aside copyright as the mechanism
to create value in a world of copies. Both markets instead depend on a non-legal market mechanism -
what I call the "norm of authenticity."
Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College of Law), UNIVERSITY OF ILLINOIS LAW
REVIEW, 2023, 1054.
If the copyright system is intended to promote the arts, incentivize artists to create, and enable
authorship to be a full-time occupation, NFTs have already shown greater promise in achieving that goal.
Artists no longer need to be approved by industry gatekeepers to succeed. De-IP [decentralized
intellectual property] puts creators back in control. And the primary vehicle for De-IP is the new
technology called the NFT. An NFT is a virtual token that is created by computer code (what's called a
smart contract) that identifies the token as unique - or "non-fungible" - on blockchain, a peer-to-peer
network that operates as a permanent public ledger. Artists can use NFTs to associate the tokens with
copyrighted works by including, within the smart contract, a link to a digital file containing a digital copy of
the work, such as a pictorial work, musical work, or audio-visual work.
 29

ndex to Evidence & Evidence Evidence

I. The use of artificial intelligence in art, music, and literature is 1. Brian Merchant, (Technology Columnist, Los Angeles Times),
undesirable. THE WRITERS’ STRIKE WAS THE FIRST WORKPLACE
A. The writers’ strike in Hollywood highlighted the threat posed to BATTLE BETWEEN HUMANS AND AI. THE HUMANS WON,
artists by the use of generative AI. (1-4)
B. AI diminishes compensation for creatives. (5) Sept. 25, 2023. Retrieved Dec. 15, 2023 from
C. AI is replacing human creatives. (6-14) https://www.latimes.com/business/technology/story/2023-09-
D. AI is replacing illustrators. (15-16) 25/column-sag-aftra-strike-writers-victory-humans-over-ai At a
E. AI has produced prize-winning art. (17) moment when the prospect of executives and managers using
F. AI represents a transfer of wealth from creatives to big tech software automation to undermine work in professions
billionaires. (18-19) everywhere loomed large, the strike became something of a
G. Artists are vital to society. (20-21) proxy battle of humans vs. AI. It was a battle that most of the
H. Artists already live at the financial margin. (22) public was eager to see the writers win. It’s not the only reason
I. Aesthetic beauty is a core value. (23-28)
J. Support for the arts and artists is vital. (29-38) why Americans overwhelmingly had the writers’ backs over the
K. AI products are different from human creativity. (39-41) studios — according to one Gallup poll, the public supported
L. AI causes efficiency to be valued above creativity. (42-43) them over the execs by an astonishing margin of 72% to 19%
M. AI reduces creatives to being little more than prompt writers for — but it was a big one.
AI programs. (44)
N. AI uses creatives’ works without their permission. (45-46) 2. Brian Merchant, (Technology Columnist, Los Angeles Times),
O. AI uses deepfakes. (47) THE WRITERS’ STRIKE WAS THE FIRST WORKPLACE
P. Copyright law is too slow to catch up with AI problems. (48-49) BATTLE BETWEEN HUMANS AND AI. THE HUMANS WON,
II. The use of artificial intelligence in art, music, and literature is Sept. 25, 2023. Retrieved Dec. 15, 2023 from
desirable. https://www.latimes.com/business/technology/story/2023-09-
A. AI augments human creativity. (50-51)
B. AI helps creative artists with brainstorming. (52-54) 25/column-sag-aftra-strike-writers-victory-humans-over-ai
C. AI is a useful tool for creative artists. (55-59) Regardless of the nature of the grievance, everyone agreed
D. Creativity comes from the humans using the AI tool. (60) handing studios the power to decide how to use generative AI
E. AI serves as a research assistant. (61-65) was a bad idea. All seemed to understand the importance of
F. Creative artists can use AI to shape the future. (66) that red line against letting bosses automate their work away for
G. AI for writers serves as a co-writer. (67-70) the sake of cost-cutting, or improved efficiencies.
H. AI can actually study the topic of creativity. (71-73)
I. AI preserves human creativity. (74) 3. Brian Merchant, (Technology Columnist, Los Angeles Times),
J. AI takes creativity to a new dimension. (75-78) THE WRITERS’ STRIKE WAS THE FIRST WORKPLACE
K. AI increases access to creative expression. (79-81) BATTLE BETWEEN HUMANS AND AI. THE HUMANS WON,
L. Intellectual property rules constrain creativity. (82) Sept. 25, 2023. Retrieved Dec. 15, 2023 from
M. AI is generating new patents. (83)
N. Intellectual property rules protect only human creations. (84) https://www.latimes.com/business/technology/story/2023-09-
O. There is no difference between AI creativity and human 25/column-sag-aftra-strike-writers-victory-humans-over-ai When
creativity. (85) it became clear that studios were just as keen to automate
P. IP protection is not needed to promote AI creativity. (86) acting as they were writing work — studios allegedly wanted the
Q. AI learns artistic capability the same way as humans do. (87- right to use motion capture to scan background actors, and use
88) their likenesses in perpetuity — the actors pushed back too;
R. AI creations in the arts are not theft. (89) SAG went on strike in July. Major celebrities such as Bryan
S. Consumers prefer human-made creations. (90-93) Cranston and SAG negotiator Fran Drescher spoke out against
T. Human artists will not be replaced. (94-95)
U. Copyright protects original artistic work. (96-97) AI, making common cause.
V. Money from AI will be channeled back to human creators. (98- 4. Tiffany Yates Martin, (Writer & Member, Editorial Freelancers
99)
W. NFTs create authenticity for artists. (100-102) Association), WILL AI REPLACE WRITERS? IT ALREADY IS,
X. All that is needed is a way to distinguish real and fake art. (103- May 11, 2023. Retrieved Dec. 15, 2023 from
105) https://foxprinteditorial.com/2023/05/11/will-ai-replace-writers-it-
Y. Authenticity has great value, even when there are an unlimited already-is/ As I write this, Hollywood writers have gone on strike
number of copies. (106-109) partly because they want a guarantee that AI-generated work
Z. Copies actually increase the value of the original. (110-113) won’t impact their compensation and credits—demands that
AA. NFTs trace ownership. (114) production companies refuse to commit to. Writers feel, not
BB. NFTs allow creatives to make money. (115)
CC. NFTs are better than copyright for protection of artists’ works. without reason, that they may be an endangered species.
(116-120) 5. Brian Merchant, (Technology Columnist, Los Angeles Times),
DD. The NFT system for authenticating ownership is explained. THE WRITERS’ STRIKE WAS THE FIRST WORKPLACE
(121-125)
BATTLE BETWEEN HUMANS AND AI. THE HUMANS WON,
Sept. 25, 2023. Retrieved Dec. 15, 2023 from
https://www.latimes.com/business/technology/story/2023-09-
25/column-sag-aftra-strike-writers-victory-humans-over-ai Every
time I went down to the picket lines, AI was easily the top issue
the writers wanted to discuss, in large part because it was the
one that seemed a direct existential threat to the job of being a
screenwriter itself. Opinions on the precise nature of the AI
threat varied. Some thought the technology was utter garbage
that couldn’t write a worthwhile script no matter the prompts it
was given, and feared it would simply be used as an excuse to
push down wages.
 30

6. Dan Burk, (Distinguished Professor of Law, University of 11. Tiffany Yates Martin, (Writer & Member, Editorial
California, Irvine), GEORGIA LAW REVIEW, 2023, 1675. AI Freelancers Association), WILL AI REPLACE WRITERS? IT
systems have been trained to generate standardized news ALREADY IS, May 11, 2023. Retrieved Dec. 15, 2023 from
reports, and it is now routine for machine learning systems to https://foxprinteditorial.com/2023/05/11/will-ai-replace-writers-it-
write short newspaper features, such as sports score reporting. already-is/ I’ve seen a lot of articles averring that no matter how
AI systems are progressing toward the generation of more good AI gets, how quick and cost-effective and competent,
complicated texts, and may be expected to generate dramatic artificial intelligence can never replace the human spirit, and
scripts, screenplays, stories, and other literary works. people will always want stories written by humans. That’s a
lovely thought, and it may even be true. But tell me whether you
7. Dan Burk, (Distinguished Professor of Law, University of use anything mass-produced in your day-to-day life that was
California, Irvine), GEORGIA LAW REVIEW, 2023, 1680. What once created by a craftsperson or artisan. Ceramics like our
matters is that the output of AI systems can serve as a dishware and coffee mugs, metalwork like our utensils, or
replacement for human creative input. In the near future I need furniture, fabrics and the clothing made from them, and myriad
not, let us say, hire a composer to write a score for my motion other mass-produced machine-made products that are an
picture or television series; an AI can learn the patterns of such everyday part of our lives. All of them, to at least some degree,
musical compositions and generate one to spec. Other aspects were once handmade.
of such production camera work, editing, sound mixing, perhaps
even script writing previously performed by skilled and creative 12. Tiffany Yates Martin, (Writer & Member, Editorial
humans can likely be similarly and successively automated. Freelancers Association), WILL AI REPLACE WRITERS? IT
ALREADY IS, May 11, 2023. Retrieved Dec. 15, 2023 from
8. Kashmir Hill, (Tech Reporter, New York Times), THIS TOOL https://foxprinteditorial.com/2023/05/11/will-ai-replace-writers-it-
COULD PROTECT ARTISTS FROM A.I.-GENERATED ART already-is/ Part of human creativity and ingenuity is in creating
THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved Dec. ever more efficient ways to accomplish things—including art.
15, 2023 from Craftspeople have been losing their jobs and even their whole
https://www.nytimes.com/2023/02/13/technology/ai-art- industries to machines for years: farriers, carriage makers,
generator-lensa-stable-diffusion.html Robots would come for typographers, tailors and seamstresses, woodworkers, and the
humans’ jobs. That was guaranteed. The assumption generally list goes on probably since the first caveperson whose job was
was that they would take over manual labor, lifting heavy pallets lugging things around got put out of business by the invention of
in a warehouse and sorting recycling. Now significant advances the wheel. I’m going to say the scary thing that none of us wants
in generative artificial intelligence mean robots are coming for to think about: It’s not out of the realm of possibility that the
artists, too. A.I.-generated images, created with simple text publishing industry as we know it will become far less
prompts, are winning art contests, adorning book covers, and dependent on human creators.
promoting “The Nutcracker,” leaving human artists worried
about their futures. 13. Tiffany Yates Martin, (Writer & Member, Editorial
Freelancers Association), WILL AI REPLACE WRITERS? IT
9. McCaffrey Blauner, (Contributor, The Nation), AI COMES ALREADY IS, May 11, 2023. Retrieved Dec. 15, 2023 from
FOR THE WRITERS, Dec. 12, 2022. Retrieved Dec. 15, 2023 https://foxprinteditorial.com/2023/05/11/will-ai-replace-writers-it-
from https://www.thenation.com/article/culture/chatgpt-ai- already-is/ That doesn’t mean there will be no such thing as
writers/ The release of the ChatGPT tool by artificial intelligence human writing and creativity. Just as there are still skilled
company OpenAI last week should be prompting all of us to craftspeople who make handmade items that people will pay a
revise our ideas about the trajectory of AI’s impact on labor premium for, I do think handmade, human-made art will always
markets. Specifically, we should be rethinking the question of carry more currency. But I also think there may be less of a
whose jobs will be first to the chopping block. (Spoiler alert: The market for it as machines become more adept at generating the
answer is writers). kind of content we may not consume to illuminate our souls, but
10. McCaffrey Blauner, (Contributor, The Nation), AI COMES simply to garner information or for easy entertainment.
FOR THE WRITERS, Dec. 12, 2022. Retrieved Dec. 15, 2023 14. Tiffany Yates Martin, (Writer & Member, Editorial
from https://www.thenation.com/article/culture/chatgpt-ai- Freelancers Association), WILL AI REPLACE WRITERS? IT
writers/ ChatGPT is a terrifyingly robust chatbot, capable of ALREADY IS, May 11, 2023. Retrieved Dec. 15, 2023 from
spitting out thousands of words on any given subject based on https://foxprinteditorial.com/2023/05/11/will-ai-replace-writers-it-
your broad prompt. It’s equally adept at composing a version of already-is/ How hard do you think it will be for it to generate a
“Bohemian Rhapsody” about a woman with a pathological fear sitcom or action movie that follows a successful formula?
of fish as it is writing business proposals, news items, middle- Hollywood has already demonstrated that they prefer the tried-
brow opinion pieces, or Wikipedia-style essays. and-true bankable trope to anything new and artistic. No offense
to the writers of Top Gun: Maverick, which I finally watched this
past weekend, but if my own tiny human brain’s predictive text
could guess most of the dialogue from line to line before each
actor uttered it, based on how many of this type of movie I’ve
seen already, I’m guessing a machine that’s a whole lot smarter
than I am could easily have done so based on potentially
infinitely more source materials.
 31

15. Molly Crabapple, (Artist and Author), BEWARE A WORLD 18. Christopher Soto, (Staff, Los Angeles Times), WILL AI
WHERE ARTISTS ARE REPLACED BY ROBOTS, LOS REPLACE WRITERS — AND THE REST OF US?, Aug. 23,
ANGELES TIMES, Dec. 21, 2022. Retrieved Dec. 15, 2023 2023. Retrieved Dec. 15, 2023 from
from https://www.latimes.com/opinion/story/2022-12-21/artificial- https://www.latimes.com/entertainment-arts/books/story/2023-
intelligence-artists-stability-ai-digital-images Like many artists, 08-23/will-ai-replace-writers-christopher-soto-jackie-wang-
I’ve looked in horror at generative image AI, a technology that is game-out-the-future Two major forces, distinct but not
poised to eliminate humans from the field of illustration. In unrelated, are causing turmoil for writers: massive labor
minutes or hours, apps such as Stable Diffusion and Midjourney struggles and accelerating advancements in artificial
can churn out polished, detailed images based on text prompts intelligence. On the labor front, streaming businesses like Netflix
— and they do it for a few dollars or for free. They are faster have robbed TV writers of residuals; song lyricists have been
and cheaper than any human can be, and while their images decimated by Spotify; and book authors have been squeezed
still have problems — a certain soullessness, perhaps, an by consolidation in both publishing and bookselling. Though
excess of fingers, tumors that sprout from ears — they are their work has brought billions of dollars into the American
already good enough to have been used for the book covers economy, the writers themselves are consistently treated as
and editorial illustration gigs that are many illustrators’ bread disposable. Will AI make things even worse? At the moment,
and butter. worries over AI-written scripts are helping to fuel the ongoing
Writers Guild of America strike; thousands of people have
16. Nick Bilton, (Staff, Vanity Fair), THE NEW GENERATION signed an Authors Guild petition calling on AI industry leaders to
OF AI APPS COULD MAKE WRITERS AND ARTISTS compensate writers; and a series of pending lawsuits brought
OBSOLETE, June 2, 2022. Retrieved Dec. 15, 2023 from by writers allege copyright infringement of their work.
https://www.vanityfair.com/news/2022/06/the-new-generation-
of-ai-apps-could-make-writers-and-artists-obsolete Using a 19. Kashmir Hill, (Tech Reporter, New York Times), THIS TOOL
version of GPT-3, Dall-E can create truly astounding renditions COULD PROTECT ARTISTS FROM A.I.-GENERATED ART
of artworks and illustrations. Like GPT-3, Dall-E has learned THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved Dec.
how to draw and paint by combing through billions of images. 15, 2023 from
It’s now conversant in styles, objects, shapes—you name it. https://www.nytimes.com/2023/02/13/technology/ai-art-
Just type a set of commands into Dall-E, and it will nearly generator-lensa-stable-diffusion.html Greg Rutkowski is a Polish
instantaneously generate an image to illustrate them. For artist who specializes in fantastical scenes. His name has
example, if you ask it to draw “an astronaut riding a horse in a become shorthand for users who wanted to generate fanciful
photorealistic style,” it will create several options to choose images. One artist noticed that the whimsical A.I. selfies that
from. If you tell it to instead make a “pencil drawing,” it will came out of the viral app Lensa had ghostly signatures on them,
render new images in that style. You can order up stained mimicking what the A.I. had learned from the data it trained on:
glass, spray paint, Play-Doh, cave drawings, or paintings in the artists who make portraits sign their work. “These databases
style of Monet. You can replace the astronaut with a teddy bear. were built without any consent, any permission from artists,” Mr.
A dog. Elon Musk. Or have the horse riding a horse. The Rutkowski said. Since the generators came out, Mr. Rutkowski
possibilities are endless, and the end results are terrifyingly said he has received far fewer requests from first-time authors
impressive—so much so that one of the top questions who need covers for their fantasy novels. Meanwhile, Stability
associated with a Google search of the platform is “Is Dall-E AI, the company behind Stable Diffusion, recently raised $101
fake?” million from investors and is now valued at over $1 billion.
17. Kylie Clifton, (Staff, Los Angeles Loyolan), ARTIFICIAL 20. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College
INTELLIGENCE ART IS DISPOSABLE, AND IT’S RUINING of Law), UNIVERSITY OF ILLINOIS LAW REVIEW, 2023, 1059.
ART, Mar. 15, 2023. Retrieved Dec. 15, 2023 from Americans already understand the importance of arts to society.
https://www.laloyolan.com/opinion/artificial-intelligence-art-is- In one survey conducted in 2019, 91% of Americans said arts
disposable-and-it-s-ruining-art/article_8d49c891-85c4-52c5- are vital to children's education, 93% said exposure to arts
97f6-9a6cf7c0eaf4.html Painter and professor Harold Cohen "helps broaden one's mind," and 83% said "that art is essential
created AARON, an AI to autonomously generate images in to building communities and identities."
1973. However, the release of Stable Diffusion has granted
everyone the power to create hundreds of their own images 21. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent College
within seconds. Released in August 2022, the deep learning of Law), UNIVERSITY OF ILLINOIS LAW REVIEW, 2023, 1059.
model marked the first open-source text-to-image model that There is mounting evidence that artists contribute far more to
was free to use. Stable Diffusion draws from LAION-5B, an art society than the financial rewards they receive in the United
database containing 5.85 billion image-text pairs taken from the States. As noted above, the income of independent artists is
internet. The algorithms appear harmless — seemingly no low, with the vast majority unable to sustain themselves through
different than applying a Snapchat filter, allowing users to travel their creative work. But artists contribute many positive
through time, create magic avatars and advanced beautifying externalities to society. Studies have shown, for example, that
filters. However, the product of these algorithms have already exposure to art fosters civic-mindedness, community, and
affected the livelihood of real artists. At last year’s Colorado "greater tolerance towards racial minorities and homosexuals."
State Fair’s annual art contest, an AI-generated picture won first Likewise, in a randomized, controlled study of 10,548 school
prize with the use of Midjourney, a program that creates images children, a correlation existed between arts education and better
from text descriptions with the help of Stable Diffusion. behavior, better performance on standardized tests, and greater
compassion. Many studies have also found that exposure to art
promotes health and wellness. Especially in the turbulent time in
which we live, artists are vital. Their artworks reflect, critique,
interrogate, and challenge society's flaws, biases, bigotry,
narrow-mindedness, and intolerance.
 32

22. Jackie Wang, (Poet & Prof., English, U. Southern 27. Zac Posen, (Fashion Designer), NEW YORK TIMES, Dec.
California), quoted in WILL AI REPLACE WRITERS — AND 7, 2019. Retrieved Dec. 15, 2023 from
THE REST OF US?, Aug. 23, 2023. Retrieved Dec. 15, 2023 https://www.nytimes.com/interactive/2019/12/07/opinion/andre-
from aciman-why-is-beauty-important.html As humans, we all are
https://www.latimes.com/entertainment-arts/books/story/2023- more or less attuned to beauty. And because of this, we all try
08-23/will-ai-replace-writers-christopher-soto-jackie-wang- to engage with it one way or another — be it by being in nature,
game-out-the-future The thing I love about poetry is its through poetry or by falling in love. And though our interaction
uselessness, the way it is, with a few exceptions, superfluous to with it can be a solitary affair, in the best cases, it connects
capital, difficult to commodify, gratuitous in its insistence on people who share the same appreciation for it. Beauty is what
avowing that which has been marked valueless. How many allows us to experience the extraordinary richness of our
poets do you know who can support themselves on their poetry surroundings. Sensing it is like having a visa to our inner selves
alone? I think I know zero. Mostly, I know poets who teach in and the rest of the world, all at once. The interesting thing about
the academy, poets who do astrology, poets who work as beauty is that there is simply no downside to it: It can only
editors at publishing houses, poets who have office day jobs, enhance our lives.
etc.
28. Shahram Heshmat, (Prof., Health Economics, U. of Illinois
23. Shahram Heshmat, (Prof., Health Economics, U. of Illinois at Springfield), HOW BEAUTIFUL THINGS MAKE OUR LIVES
at Springfield), HOW BEAUTIFUL THINGS MAKE OUR LIVES BETTER, Oct. 24, 2021. Retrieved Dec. 15, 2023 from
BETTER, Oct. 24, 2021. Retrieved Dec. 15, 2023 from https://www.psychologytoday.com/us/blog/science-of-choice/20
https://www.psychologytoday.com/us/blog/science-of-choice/20 2110/how-beautiful-things-make-our-lives-better The power of
2110/how-beautiful-things-make-our-lives-better Aesthetic everyday aesthetics can be used to improve the quality of life.
emotions play a crucial role in the processing and enjoyment of This means appreciating the mundane activities in our daily life
art. Individual aesthetic emotions are about various types of as extraordinary can help to enhance aesthetic experiences.
aesthetic objects, such as nature, design, fashion, physical Aesthetic pleasure differs from physical pleasures (drinks, food,
attractiveness, landscapes, music, paintings, architecture, and or games). We tire less quickly of artworks at one sitting than of
social events (weddings, funerals). In the presence of beautiful most of the pleasures we physically consume.
things, we feel a broad range of emotions, such as fascination,
surprise, awe, feelings of transcendence, wonder, and 29. Allison Alexander, (Dir., Communications, Aspen
admiration. Community Foundation), ARTS VITAL FOR A THRIVING
COMMUNITY, May 3, 2023. Retrieved Dec. 15, 2023 from
24. Shahram Heshmat, (Prof., Health Economics, U. of Illinois https://www.aspentimes.com/opinion/giving-thought-arts-vital-
at Springfield), HOW BEAUTIFUL THINGS MAKE OUR LIVES for-a-thriving-community/ Dr. Maria Rosario Jackson, chair of
BETTER, Oct. 24, 2021. Retrieved Dec. 15, 2023 from the National Endowment for the Arts, has said, “One of my core
https://www.psychologytoday.com/us/blog/science-of-choice/20 beliefs is that the arts don’t exist in a bubble. There is immense
2110/how-beautiful-things-make-our-lives-better Arts are opportunity in understanding the arts comprehensively and
therapeutic because they are cathartic. Studies suggested that holistically, recognizing their intrinsic value and understanding
the psychological distance of the perceiver from the artwork how arts and culture can strengthen other fields — health,
reduces the emotional impact of the artwork. Art provides a safe community development, education, transportation, among
space to experience negative emotions. It is safe because we others.”
know it is art, not reality. This explains why we enjoy listening to
sad music or watching horror movies. Music helps to channel 30. Commission on the Arts, American Academy of Arts and
one’s frustration or purge (catharsis) negative emotions (anger Science, ART IS WORK: POLICIES TO SUPPORT CREATIVE
and sadness). When we listen to sad music or watch a sad film, WORKERS, 2021, p. 13. Artists also bring immense value to
we are disconnected from any real threat or danger that the the building of communities and the essentials of our civic
music or movie represents. infrastructure. As Erik Takeshita, a community development and
arts practitioner, told the Commission in one of our listening
25. Matt Palmer, (Partner and Co-founder, The Joseph Group), sessions, “artists’ core competencies are imagining that which
WHY BEAUTY IS IMPORTANT, Oct. 22, 2022. Retrieved Dec. doesn’t exist and helping to manifest and make it real.”
15, 2023 from https://josephgroup.com/why-beauty-is-important/
Beauty is the answer. We move naturally towards beautiful 31. Laura Zabel, (Director of Springboard for the Arts), ART IS
things, and find pleasure and solace and happiness in our WORK: POLICIES TO SUPPORT CREATIVE WORKERS,
experience of them. Beauty needs to be offered and shared by 2021, p. 17. We need broad and robust support for local
everyone, including the places we share as a community. programs that support, train, and sustain artists and culture
bearers and their communities, so they can work on imagining
26. André Aciman, (Author), NEW YORK TIMES, Dec. 7, 2019. and building a future that values individual and community
Retrieved Dec. 15, 2023 from needs not only for safety, security, and health but also for
https://www.nytimes.com/interactive/2019/12/07/opinion/andre- meaning, connection, and love.
aciman-why-is-beauty-important.html All beauty and art evoke
harmonies that transport us to a place where, for only seconds, 32. Mellon Foundation, ARTISTS AS CATALYSTS: IS MAKING
time stops and we are one with the world. It is the best life has ART ESSENTIAL WORK?, May 2, 2023. Retrieved Dec. 15,
to offer. Under the spell of beauty, we experience a rare 2023 from https://www.mellon.org/ideas/artists-as-catalysts
condition called plenitude, where we want for nothing. It isn’t Artists nourish our economies, communities, and collective
just a feeling. Or if it is, then it’s a feeling like love — yes, spirit. Beyond measure, they expand our notion of who we are
exactly like love. Love, after all, is the most intimate thing we as a “we.”
know. And feeling one with someone or something isn’t just an
unrivaled condition, but one we do not want to live without.
 33

33. Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE 37. Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE
REASONS WHY ART IS VITAL FOR HUMAN FLOURISHING, REASONS WHY ART IS VITAL FOR HUMAN FLOURISHING,
Sept. 24, 2023. Retrieved Dec. 15, 2023 from Sept. 24, 2023. Retrieved Dec. 15, 2023 from
https://fractalenlightenment.com/36119/artwork/five-reasons- https://fractalenlightenment.com/36119/artwork/five-reasons-
why-art-is-vital-for-human-flourishing Art has a way of keeping why-art-is-vital-for-human-flourishing But it’s within the flow of
our minds on red alert like no other domain. It engages our the creative act, in the throes of the artistic process, where the
minds mentally, psychologically, emotionally and spiritually. extraordinary becomes the superordinary, or even
Whether through music, poetry, painting, or photography, all art metaordinary. The anarchy inherent within the creative act
re-familiarizes our minds with the unfamiliar. It causes us to liberates us from the tyranny of our habits, and gradually the
think strategically, despite ourselves. Great Mystery coalesces with our burgeoning soul and we’re
howling, laughing, flying, and completely unfettered.
34. Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE
REASONS WHY ART IS VITAL FOR HUMAN FLOURISHING, 38. Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE
Sept. 24, 2023. Retrieved Dec. 15, 2023 from REASONS WHY ART IS VITAL FOR HUMAN FLOURISHING,
https://fractalenlightenment.com/36119/artwork/five-reasons- Sept. 24, 2023. Retrieved Dec. 15, 2023 from
why-art-is-vital-for-human-flourishing Art is like a magician, https://fractalenlightenment.com/36119/artwork/five-reasons-
where instead of pulling a rabbit out of a hat, it pulls our minds why-art-is-vital-for-human-flourishing It is through art that we
out of its preconditioned box. Poetry shreds the box and inverts existentially stabilize and spiritually equalize. It is through art
it with rhythm and rhyme. Painting flattens the box into a canvas where the past meets the future within the almighty present. It is
and watercolors it into further revealing itself. Music implodes through art that we’re born, live, die, and are reborn again. Art is
the box and transcends it with treble and bass. Photography the ultimate leveling mechanism, used since time immemorial
captures the box and puts it into another box, giving it a taste of for keeping our social and political animal-like natures in proper
its own medicine. Indeed, art goads world-weariness into balance. Art is vital for human happiness, the keystone that
worldliness, where we have no choice but to be on the edge of unlocks the heartstone of Eudaimonia and the cornerstone of a
our seats, thoughtful and full of hope, for the next artistic life well lived.
revelation.
39. Ramón López de Mántaras, (Artificial Intelligence Research
35. Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE
REASONS WHY ART IS VITAL FOR HUMAN FLOURISHING, AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY
Sept. 24, 2023. Retrieved Dec. 15, 2023 from May 31, 2023. Retrieved Dec. 15, 2023 from
https://fractalenlightenment.com/36119/artwork/five-reasons- https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
why-art-is-vital-for-human-flourishing Almost any psychological and-the-arts-toward-computational-creativity/ Finally, because a
hang-up, anxiety, neurosis, or stress can be absolved through coherently moving body is not merely a collection of
the artistic process. Looking and listening to art will only get you independently moving parts, AARON has to know something
so far, but creating it, that’s where the real medicine is. Whether about how body movements are coordinated: what the body has
it’s losing yourself in flow states writing poetry, gelling musically to do to keep its balance, for example. Conceptually, this is not
with others playing jazz, or moving meditatively through dance as difficult as it may seem, at least for standing positions with
or martial arts, art drowns our anxiety and stress in proactive one or both feet on the ground. It is just a matter of keeping the
creativity. center of gravity over the base and, where necessary, using the
arms for achieving balanced positions. It also has knowledge
36. Gary McGee, (Artist & Staff, Fractal Enlightenment), FIVE about occlusions so that a partially occluded human body might
REASONS WHY ART IS VITAL FOR HUMAN FLOURISHING, have, for example, just one arm and/or one leg visible but
Sept. 24, 2023. Retrieved Dec. 15, 2023 from AARON knows that normal people have two arms and two legs
https://fractalenlightenment.com/36119/artwork/five-reasons- and therefore when not occluded it will always draw two limbs.
why-art-is-vital-for-human-flourishing Art guides us. Art This means that AARON cannot “break” rules and will never
consoles us. Art helps us better understand our complex lives, “imagine” the possibility of drawing humans with one leg, for
and our even more complex selves. Art is psychic therapy used example, or other forms of abstraction. In that sense, AARON’s
to exorcize the shadow content of the psyche, and introduce it creativity is limited and very far from a human one.
to the conscious mind. The exorcism is the artistic act itself. It’s Nevertheless AARON’s paintings have been exhibited in
in the throes of creativity where the shadow content is revealed London’s Tate Modern and the San Francisco Museum of
and then used as a medium. The finished artwork is the Modern Art. In some respects, then, AARON passes some kind
conscious revelation. And lo, poison is transformed into of creative Turing test for its works are good enough to be
medicine. It’s not magic, but it is magical. And the best part exhibited alongside some of the best human artists.
about it? We’re having fun. We’re happy. We’re caught up in the
magical transformation from stagnating victim to flourishing 40. Ramón López de Mántaras, (Artificial Intelligence Research
cosmic hero, and it’s beyond wonderful. Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE
AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY
May 31, 2023. Retrieved Dec. 15, 2023 from
https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
and-the-arts-toward-computational-creativity/ Margaret Boden
pointed out that even if an artificially intelligent computer would
be as creative as Bach or Einstein, for many it would be just
apparently creative but not really creative. I fully agree with her
for two main reasons, which are: the lack of intentionality and
our reluctance to give a place in our society to artificially
intelligent agents.
 34

41. Ramón López de Mántaras, (Artificial Intelligence Research 45. Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING
Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE FROM ARTISTS?, Feb. 10, 2023. Retrieved Dec. 15, 2023 from
AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY https://www.newyorker.com/culture/infinite-scroll/is-ai-art-
May 31, 2023. Retrieved Dec. 15, 2023 from stealing-from-artists Last year, a Tennessee-based artist named
https://www.bbvaopenmind.com/en/articles/artificial-intelligence- Kelly McKernan noticed that their name was being used with
and-the-arts-toward-computational-creativity/ A third reason for increasing frequency in A.I.-driven image generation. McKernan
denying creativity to computer programs is that they are not makes paintings that often feature nymphlike female figures in
conscious of their accomplishments. It is true that machines do an acid-colored style that blends Art Nouveau and science
not have consciousness, and possibly will never have conscious fiction. A list published in August, by a Web site called
thinking; however, the lack of consciousness is not a Metaverse Post, suggested “Kelly McKernan” as a term to feed
fundamental reason to deny the potential for creativity or even an A.I. generator in order to create “Lord of the Rings”-style art.
the potential for intelligence. After all, computers would not be Hundreds of other artists were similarly listed according to what
the first example of unconscious creators; evolution is the first their works evoked: anime, modernism, “Star Wars.” On the
example, as Stephen Jay Gould brilliantly points out: “If creation Discord chat that runs an A.I. generator called Midjourney,
demands a visionary creator, then how does blind evolution McKernan discovered that users had included their name more
manage to build such splendid new things as ourselves?” than twelve thousand times in public prompts. The resulting
images—of owls, cyborgs, gothic funeral scenes, and alien
42. Haochen Sun, (Prof., Law, Hong Kong Faculty of Law), motorcycles—were distinctly reminiscent of McKernan’s works.
IOWA LAW REVIEW, Mar. 2022, 1226. According to the “It just got weird at that point. It was starting to look pretty
personality theory, copyrighted works are manifestations of the accurate, a little infringe-y,” they told me. “I can see my hand in
author's personality and will. Authorship, then, is a distinctly this stuff, see how my work was analyzed and mixed up with
human process of self-actualization and expression, a social some others’ to produce these images.” Last month, McKernan
practice inseparable from "humanness" and human joined a class-action lawsuit with two other artists, Sarah
communication. Andersen and Karla Ortiz, filed by the attorneys Matthew
43. Jackie Wang, (Poet & Prof., English, U. Southern Butterick and Joseph Saveri, against Midjourney and two other
California), quoted in WILL AI REPLACE WRITERS — AND A.I. imagery generators, Stable Diffusion and DreamUp.
THE REST OF US?, Aug. 23, 2023. Retrieved Dec. 15, 2023 46. Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING
from FROM ARTISTS?, Feb. 10, 2023. Retrieved Dec. 15, 2023 from
https://www.latimes.com/entertainment-arts/books/story/2023- https://www.newyorker.com/culture/infinite-scroll/is-ai-art-
08-23/will-ai-replace-writers-christopher-soto-jackie-wang- stealing-from-artists A.I. generators could not operate without
game-out-the-future Generative AI will make humans more the labor of humans like McKernan who unwittingly provide
“efficient” and “productive.” But what is all this efficiency for? source material. As the technology critic and philosopher Jaron
Technology has been evolving at breakneck speed since the Lanier wrote in his 2013 book “Who Owns the Future?,” “Digital
Industrial Revolution and we are still working just as long and information is really just people in disguise.”
hard. Efficiency has become our bondage. Once the logic of
accumulation enters the bloodstream, it seems hard to stop, 47. Sona Sulakian, (Patent Attorney, and Co-founder at
partly because accumulation is bottomless — that is, until we hit Pincites), ENTERTAINMENT & SPORTS LAW, Spring 2023,
a hard ecological limit. 137. Other forms of AI-generated works include deepfakes,
which use sophisticated AI to create super-realistic videos or
44. Jackie Wang, (Poet & Prof., English, U. Southern audio that can clone and manipulate a musician's voice.
California), quoted in WILL AI REPLACE WRITERS — AND
THE REST OF US?, Aug. 23, 2023. Retrieved Dec. 15, 2023 48. Kashmir Hill, (Tech Reporter, New York Times), THIS TOOL
from COULD PROTECT ARTISTS FROM A.I.-GENERATED ART
https://www.latimes.com/entertainment-arts/books/story/2023- THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved Dec.
08-23/will-ai-replace-writers-christopher-soto-jackie-wang- 15, 2023 from
game-out-the-future We may soon reach a point where certain https://www.nytimes.com/2023/02/13/technology/ai-art-
types of writing — screenwriting, journalism, web content —and generator-lensa-stable-diffusion.html Many legal experts
certain para-literary activities — editing, proofreading, compare the debate over the unfettered use of artists’ work for
researching — could be fully or partially automated. Some say generative A.I. to pirating concerns in the early days of the
the new job will be “prompt writer.” There may soon come a day internet with services like Napster that allowed people to
when plot-driven commercial fiction is written by AI with the help consume music without paying for it. The generative A.I.
of prompt writers. companies are already facing a similar barrage of court
challenges.
49. Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING
FROM ARTISTS?, Feb. 10, 2023. Retrieved Dec. 15, 2023 from
https://www.newyorker.com/culture/infinite-scroll/is-ai-art-
stealing-from-artists Copyright claims based on questions of
style are often tricky. In visual art, courts have sometimes ruled
in favor of the copier rather than the copied. When the artist
Richard Prince incorporated photographs by Patrick Cariou into
his work, for instance, a 2013 court case found that some of the
borrowing was legal under transformative use—Prince had
changed the source material enough to escape any claim of
infringement.
 35

50. Tojin Eapen et al. (Prof., Business, U. of Missouri), 55. Dan Blank, (Founder, WeGrowMedia.com), HOW
HARVARD BUSINESS REVIEW, July/August 2023. “How WRITERS, ARTISTS, AND CREATORS CAN THRIVE IN AN AI
Generative AI Can Augment Human Creativity.” Retrieved Dec. WORLD, May 5, 2023. Retrieved Dec. 15, 2023 from
15, 2023 from https://hbr.org/2023/07/how-generative-ai-can- https://wegrowmedia.com/how-writers-artists-and-creators-can-
augment-human-creativity There is tremendous apprehension thrive-in-an-ai-world/ I remember reading the 1970 science
about the potential of generative AI—technologies that can fiction book This Perfect Day. It never became a series (that I
create new content such as audio, text, images, and video—to know of.) So I asked ChatGPT to “write a short story in the style
replace people in many jobs. But one of the biggest of the book This Perfect Day, by Ira Levin.” In less than 20
opportunities generative AI offers to businesses and seconds, it gave me a 5-paragraph short story that hits all the
governments is to augment human creativity and overcome the major beats of This Perfect Day, but with details changed. This
challenges of democratizing innovation. is both impressive AND completely unimpressive at the same
time. But what if I spent an hour honing this prompt? What if I
51. Tojin Eapen et al. (Prof., Business, U. of Missouri), could save characters, context, and storylines? What if this is a
HARVARD BUSINESS REVIEW, July/August 2023. “How world I could co-create with AI (and Ira’s model for inspiration),
Generative AI Can Augment Human Creativity.” Retrieved Dec. and every night, I could create a new chapter to read, and day
15, 2023 from https://hbr.org/2023/07/how-generative-ai-can- after day, month after month, it gets better and better? This
augment-human-creativity Generative AI’s greatest potential is begs so many questions about ownership, about art and theft,
not replacing humans; it is to assist humans in their individual about reading vs writing, and so much else. But it also illustrates
and collective efforts to create hitherto unimaginable solutions. how AI can be a creativity tool, and how lines we feel so
It can truly democratize innovation. comfortable with are blurring.
52. Dan Blank, (Founder, WeGrowMedia.com), HOW 56. Jess Campitiello, (Digital Communications Specialist at
WRITERS, ARTISTS, AND CREATORS CAN THRIVE IN AN AI Cornell Tech), AI VS. ARTIST: THE FUTURE OF CREATIVITY,
WORLD, May 5, 2023. Retrieved Dec. 15, 2023 from Feb. 20, 2023. Retrieved Dec. 15, 2023 from
https://wegrowmedia.com/how-writers-artists-and-creators-can- https://tech.cornell.edu/news/ai-vs-artist-the-future-of-creativity/
thrive-in-an-ai-world/ One author told me that she asked Professionals can access endless creative possibilities.
ChatGPT to generate a list of topics that should be covered in a Generative AI allows artists to create countless visual concepts
book on a theme that she is writing about. It suggested some at the click of a button, making the process of fielding potential
topics that she had completely missed, so she added it to her design ideas with clients exponentially more efficient. Giving
outline. clients a couple of quick AI ‘thumbnail sketch’ options will allow
53. Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE artists to finalize their work faster, as they will not be spending
OF CHATGPT, Apr. 19, 2023. Retrieved Dec. 15, 2023 from time creating preliminary visuals. The fabricated art is not meant
https://janefriedman.com/author/chris-jane/ Honestly, most of to be used as a replacement but rather as a springboard for the
what ChatGPT suggests has been said and done before. But artist’s own creative output. AI can even offer design choices
something about it sparks my creativity and originality. I reject a that the artist wouldn’t have considered otherwise, mentioned
lot of what ChatGPT suggests and find better ways to write or Belsky. Integrating this technology into artists’ tools has the
think about an idea or solve a problem. I like that kind of mental potential to grant them an “edge to a breakthrough.”
exercise. And if it’s suggesting things I’m already doing, then 57. Jess Campitiello, (Digital Communications Specialist at
maybe I’m on the right track and I don’t need to change what Cornell Tech), AI VS. ARTIST: THE FUTURE OF CREATIVITY,
I’m doing but rather how I’m doing it. Feb. 20, 2023. Retrieved Dec. 15, 2023 from
54. Tojin Eapen et al. (Prof., Business, U. of Missouri), https://tech.cornell.edu/news/ai-vs-artist-the-future-of-creativity/
HARVARD BUSINESS REVIEW, July/August 2023. “How Outcome-oriented versus process-oriented people. Belsky
Generative AI Can Augment Human Creativity.” Retrieved Dec. described two different generative AI user types: those who are
15, 2023 from https://hbr.org/2023/07/how-generative-ai-can- outcome-oriented, and those who are process-oriented.
augment-human-creativity Rapidly and inexpensively producing Outcome-oriented individuals are less interested in the details of
a plethora of designs in this way allows a company to evaluate the final product and more focused on receiving the product
a wide range of product concepts quickly. For example, a itself. For example, if an outcome-oriented person were to ask
clothing company that uses generative AI to create new designs an AI program to generate images of a ‘cowboy in space,’ they
for T-shirts could stay on top of trends and offer a constantly would be happy to use the first image presented that suits their
changing selection of products to customers. needs. The speed of the output is key. On the other hand,
process-oriented individuals look at what is generated by the AI
program and use it as a tool to create something unique for their
needs. Inputting the same prompt, they may be drawn to and
emulate the overall composition of one of the outputs but would
move the cowboy’s arms into a specific position or make any
other number of edits to create a final piece that is precisely
what they want. We are all on a spectrum of outcome-to-
process-oriented, explained Belsky.
 36

58. Joanna Penn, (Best-Selling Author), THE AI-ASSISTED 63. Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE
ARTISAN, May 5, 2023. Retrieved Dec. 15, 2023 from OF CHATGPT, Apr. 19, 2023. Retrieved Dec. 15, 2023 from
https://www.thecreativepenn.com/2023/05/05/ai-assisted- https://janefriedman.com/author/chris-jane/ I also saw
artisan-author/ The goal is to make every book resonate with ChatGPT’s value in generating story outlines. This was one of
your humanity even as you use AI tools as part of your creative the game-changers for me. Writing outlines before I start a
and business processes. If you’re writing non-fiction, fill it with novel has always sapped me creatively. By giving ChatGPT the
personal stories, not just tips that could come from anyone. If premise at the onset, along with characters and any scenes I
you’re writing fiction, explore the personal themes that keep you might already have in mind, ChatGPT then produced an outline
awake at night, or delight you and make you laugh, or help you within seconds. Now I had something to work with at the
escape into another world and inspire a sense of wonder. It’s a beginning of a manuscript, and I was creatively motivated rather
call to center your humanity and put more of yourself into your than sapped. And even though the outline tends to be as
work. generic as much of the content ChatGPT produces, it’s fluid and
flexible, and place-holds plot points for me. I’m OK with that.
59. Morgan Sung, (Staff, NBC News), LENSA, THE AI Ultimately, ChatGPT can function as a virtual assistant—you
PORTRAIT APP, HAS SOARED IN POPULARITY. BUT MANY can use it to brainstorm ideas, write outlines, and even prioritize
ARTISTS QUESTION THE ETHICS OF AI ART. Dec. 6, 2022. your day’s to-do list. It can also help you with basic research
Retrieved Dec. 15, 2023 from and will deliver it to you quicker than a Google search.
https://www.nbcnews.com/tech/internet/lensa-ai-artist-
controversy-ethics-privacy-rcna60242 For some artists, AI 64. Joanna Penn, (Best-Selling Author), THE AI-ASSISTED
models are a creative tool. Several have pointed out that the ARTISAN, May 5, 2023. Retrieved Dec. 15, 2023 from
models are helpful for generating reference images that are https://www.thecreativepenn.com/2023/05/05/ai-assisted-
otherwise difficult to find online. Other writers have posted about artisan-author/ AI tools can generate unlimited words in very
using the models to visualize scenes in their screenplays and little time, and never tire, never stop. But that doesn’t matter.
novels. Your books are your ideas. Your prompts. Your curation. Your
editing. Your creative direction. However you create — with or
60. Haochen Sun, (Prof., Law, Hong Kong Faculty of Law), without AI tools — it’s more important than ever to find your
IOWA LAW REVIEW, Mar. 2022, 1238. With respect to AI- voice and reach readers as one human connecting with
generated works, some leading scholars argue that current AI another.
technology could be used as a tool, noting that other tools, such
as Photoshop and GarageBand, have been used in the past to 65. Mike Feibus, (Pres., FeibusTech, a Scottsdale, Arizona
create copyrightable works. These tools lack creativity, which Consulting Firm), AI IS NO SHAKESPEARE. WHY CHATGPT,
instead comes from the humans who control the tools' creation OTHER TOOLS ARE UNLIKELY TO TAKE YOUR WRITING
of works. JOB, Apr. 14, 2023. Retrieved Dec. 15, 2023 from
https://www.usatoday.com/story/tech/2023/04/14/ai-chatgpt-
61. Dan Blank, (Founder, WeGrowMedia.com), HOW wont-replace-writers/11666237002/ So while radiologists
WRITERS, ARTISTS, AND CREATORS CAN THRIVE IN AN AI increasingly are leveraging AI for the tasks it does well, they are
WORLD, May 5, 2023. Retrieved Dec. 15, 2023 from not ceding control. The radiologists are in charge. That’s the
https://wegrowmedia.com/how-writers-artists-and-creators-can- model I see developing for writers. Bing AI, Microsoft’s
thrive-in-an-ai-world/ If you haven’t yet used ChatGPT, one ChatGPT-based offering, and Bard are great first stops for any
thing you may not realize is how you can ask it to pretend to be assignment. They can help point out the relevant issues and
a person or to engage as if in a specific context. Then, you can suggest a structure.
have a conversation with it, with ChatGPT as the character or
narrator. Imagine if you are writing historical fiction and Albert 66. Joanna Penn, (Best-Selling Author), THE AI-ASSISTED
Einstein is a character, and you want help writing dialogue. If ARTISAN, May 5, 2023. Retrieved Dec. 15, 2023 from
ChatGPT knows every published detail of Einstein’s life, could https://www.thecreativepenn.com/2023/05/05/ai-assisted-
an interactive conversation help you come up with ideas for artisan-author/ But there is much to be excited about if we can
your book? move past fear and doubt, and approach these tools with
curiosity and a sense of wonder. We are only at the beginning
62. Dan Blank, (Founder, WeGrowMedia.com), HOW of the opportunities of AI for wider society as well as for
WRITERS, ARTISTS, AND CREATORS CAN THRIVE IN AN AI creativity and art, and it’s important that authors, writers, and
WORLD, May 5, 2023. Retrieved Dec. 15, 2023 from other creatives be involved in order to shape the future as we
https://wegrowmedia.com/how-writers-artists-and-creators-can- want it to be.
thrive-in-an-ai-world/ Ethan Mollick (who shares extensively
about AI) talked about using ChatGPT’s ability to simulate a 67. Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE
person in another way. He asked it to pretend it was a OF CHATGPT, Apr. 19, 2023. Retrieved Dec. 15, 2023 from
successful dentist, then interviewed it about challenges it faces https://janefriedman.com/author/chris-jane/ In other words,
on the job. I can instantly imagine so many ways a writer may ChatGPT is a buddy. For instance, instead of asking my
do this with characters in their novels, or to understand different husband (also a writer, and a busy one at that), “Can you help
roles for nonfiction books they are writing. Would you want to me brainstorm book titles?” or “Can you help me write this
fact check a lot of what the AI says? Of course. But imagine description?” or “Can you help me flesh out this scene?”
how this can change some of your writing sessions. ChatGPT can serve in that role. And when it comes to
prioritizing a to-do list, ChatGPT saves me a lot of time. I type in
the tasks and it not only prioritizes them but also explains why it
chose the order it did. Ditto for the outlines. ChatGPT can
generate an outline in seconds; it takes me at least a couple of
hours (and that’s just the first go-round), and after I do it, I never
want to go near the story again.
 37

68. Falon Fatemi, (CEO of Fireside, a Streaming Platform for 72. Ramón López de Mántaras, (Artificial Intelligence Research
Writers), WHY AI IS NOT GOING TO REPLACE HOLLYWOOD Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE
CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY
https://www.forbes.com/sites/falonfatemi/2023/06/21/why-ai-is- May 31, 2023. Retrieved Dec. 15, 2023 from
not-going-to-replace-hollywood-creatives/?sh=61e1e8c442bb AI https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
can even be used for writing synopses, treatments and outlines. and-the-arts-toward-computational-creativity/ Widmer et al.
Imagine feeding AI a creative plot and having it generate the describe a computer program that learns to expressively
first draft of a story. It becomes the ultimate assistant, bringing perform classical piano music. The approach is data intensive
structure and coherence to our ideas. AI can analyze existing and based on statistical learning. Performing music expressively
works, learn from them, and help writers develop well-crafted certainly requires high levels of creativity, but the authors take a
narratives that captivate viewers and, ideally, confer wealth and very pragmatic view to the question of whether their program
accolades on the writer. With AI to support them, writers can can be said to be creative or not and claim that “creativity is in
streamline their workflows, accelerating project timelines and the eye of the beholder.” In fact, the main goal of the authors is
opening up opportunities for new ventures. to investigate and better understand music performance as a
creative human behavior by means of AI methods.
69. Falon Fatemi, (CEO of Fireside, a Streaming Platform for
Writers), WHY AI IS NOT GOING TO REPLACE HOLLYWOOD 73. Ramón López de Mántaras, (Artificial Intelligence Research
CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE
https://www.forbes.com/sites/falonfatemi/2023/06/21/why-ai-is- AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY
not-going-to-replace-hollywood-creatives/?sh=61e1e8c442bb May 31, 2023. Retrieved Dec. 15, 2023 from
Not all writers have the benefit of a writing partner or writers’ https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
room, and brainstorming can be time consuming. AI can be and-the-arts-toward-computational-creativity/ AARON is a
used to generate ideas that the writer can then sort through. It robotic system, developed over many years by the artist and
can also help writers’ get to know their characters better faster. programmer Harold Cohen, that can pick up a paintbrush with
AI can help writers to deepen their characters’ backstory, its robotic arm and paint on canvas on its own. It draws people
discover their personality traits, and identify their goals. While in a botanical garden not just making a copy of an existing
the actual written words that come from this process may not drawing but generating as many unique drawings on this theme
end up in the final product, the creative support that this process as may be required of it. AARON has never seen a person or
provides will ultimately make the end product stronger and walked through a botanical garden but has been given
make getting to it easier for the writer. knowledge about body postures and plants by means of rules.
AARON’s knowledge and the way AARON uses its knowledge
70. Falon Fatemi, (CEO of Fireside, a Streaming Platform for are not like the knowledge that we, humans, have and use
Writers), WHY AI IS NOT GOING TO REPLACE HOLLYWOOD because human knowledge is based on experiencing the world,
CREATIVES, June 21, 2023. Retrieved Dec. 15, 2023 from and people experience the world with their bodies, their brains,
https://www.forbes.com/sites/falonfatemi/2023/06/21/why-ai-is- and their reproductive systems, which computers do not have.
not-going-to-replace-hollywood-creatives/?sh=61e1e8c442bb AI However, just like humans, AARON’S knowledge has been
is not a threat to the writing profession. On the contrary, it acquired cumulatively. Once it understands the concept of a leaf
presents an exciting opportunity for writers to evolve their craft cluster, for example, it can make use of that knowledge
in an ever-changing landscape. By embracing AI as their whenever it needs it.
copilot, writers can unlock new levels of efficiency, productivity,
and creativity. The biggest threat to writers right now is for them 74. Mingyong Cheng, (Prof., Visual Arts, U. California at San
to not use AI—as others adopt the technology, they could risk Diego), THE CREATIVITY OF ARTIFICIAL INTELLIGENCE IN
being left behind. The writers of the future will be distinguished ART, Apr. 6, 2022. Retrieved Dec. 15, 2023 from
not by their ability to churn out words, but by their ability to https://www.mdpi.com/2504-3900/81/1/110 According to Regan,
harness AI's power and infuse their unique creativity into the remembering a previously understood concept does not indicate
narratives it helps shape. creativity on a particular action; instead, creativity is the
combination of varied and existing concepts which were never
71. Ramón López de Mántaras, (Artificial Intelligence Research brought together by someone else. Based on this interpretation,
Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE it is viable to suggest that since AI-generated paintings are a
AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY combination of different past paintings (for instance the
May 31, 2023. Retrieved Dec. 15, 2023 from Faceless Portraits), they are creative since they bring together
https://www.bbvaopenmind.com/en/articles/artificial-intelligence- different ideas to come up with a new idea in a surprising and
and-the-arts-toward-computational-creativity/ As is hopefully unpredictive way.
evident from the examples in this paper, creativity is not some
mystical gift that is beyond scientific study but rather something
that can be investigated, simulated, and harnessed for the good
of society. And while society might still be catching up,
computational creativity as a discipline has come of age. This
maturity is evident in the amount of activity related to
computational creativity in recent years; in the sophistication of
the creative software we are building; in the cultural value of the
artifacts being produced by our software; and most importantly,
in the consensus we are finding on general issues of
computational creativity.
 38

75. Dustin J. Corbett, (Editor), LIBERTY UNIVERSITY LAW 78. Ramón López de Mántaras, (Artificial Intelligence Research
REVIEW, Spr. 2023, 356. Naturally, as computers' language Institute (IIIA), Bellaterra, Spain), ARTIFICIAL INTELLIGENCE
processing and response capabilities have improved, the focus AND THE ARTS: TOWARD COMPUTATIONAL CREATIVITY
has shifted to other criteria resembling Professor G. Jefferson's May 31, 2023. Retrieved Dec. 15, 2023 from
argument in 1949 that: "Not until a machine can write a sonnet https://www.bbvaopenmind.com/en/articles/artificial-intelligence-
or compose a concerto because of thoughts and emotions felt, and-the-arts-toward-computational-creativity/ Simon Colton’s
and not by the chance fall of symbols, could we agree that Painting Fool is much more autonomous than AARON.
machine equals brain." However, modern AI systems have Although the software does not physically apply paint to canvas,
demonstrated that they can compose original music, design it simulates many styles digitally, from collage to paint strokes.
new works of art, and write stories and poetry. Recently, In Colton’s words: The Painting Fool only needs minimal
programs such as DALL-E 2, Stable Diffusion, and many other direction and can come up with its own concepts by going
AI-generated art programs have demonstrated the potential for online for source material. The software runs its own web
the accessibility and marketability of artistic AI systems. searches and crawls through social media websites. The idea is
However, smaller projects such as The Next Rembrandt that this approach will let it produce art that is meaningful to the
demonstrate the potential for such programs to become truly audience, because it is essentially drawing on the human
creative. A category of systems that have demonstrated notable experience as we act, feel and argue on the web. For instance,
success in these creative fields are modeled as adversarial in 2009, the Painting Fool produced its own interpretation of the
networks, using two sub-models to produce works war in Afghanistan, based on a news story. The result is a
indistinguishable from humans in fields beyond the computer juxtaposition of Afghan citizens, explosions, and war graves.
contestant in Turing's test. In this rapidly advancing field, it is
likely that more effective systems will be produced in the near 79. Jess Campitiello, (Digital Communications Specialist at
future, but adversarial models nonetheless demonstrate the Cornell Tech), AI VS. ARTIST: THE FUTURE OF CREATIVITY,
progress of unsupervised training and the generation of unique Feb. 20, 2023. Retrieved Dec. 15, 2023 from
works. https://tech.cornell.edu/news/ai-vs-artist-the-future-of-creativity/
In the last year, artificial intelligence (AI) art generators such as
76. Haochen Sun, (Prof., Law, Hong Kong Faculty of Law), Stable Diffusion, DALL-E 2, and Midjourney have been making
IOWA LAW REVIEW, Mar. 2022, 1239. As AI systems have a splash across the headlines. To the general public, what
increased in sophistication, they have evolved into something started as a fun, harmless, and novel way to pass some time
other than a mere tool of human creators. They are able to quickly turned into professional discourse over artistic integrity.
mimic human intelligence and creativity to generate new original Generative AI programs are trained by scraping large online
works, such as news reports, poems, paintings, and music. public datasets to learn what words relate to corresponding
Some AI creations are now indistinguishable from human images. Once this has been done, users can input a text prompt
works. For example, in 2016, about 350 years after the death of which causes the program to compile what it has learned and
Rembrandt van Rijn, the Dutch master painter, a team of art composite it into a single image output.
historians and technicians, using deep learning algorithms and
facial recognition techniques, created The Next Rembrandt, a 80. Jess Campitiello, (Digital Communications Specialist at
3D printed painting in Rembrandt's style. Cornell Tech), AI VS. ARTIST: THE FUTURE OF CREATIVITY,
Feb. 20, 2023. Retrieved Dec. 15, 2023 from
77. Haochen Sun, (Prof., Law, Hong Kong Faculty of Law), https://tech.cornell.edu/news/ai-vs-artist-the-future-of-creativity/
IOWA LAW REVIEW, Mar. 2022, 1240. Since traditional works Creative confidence is only going to grow. Our creative
(e.g., photos) employ machines without human intelligence, confidence typically peaks as kids, Belsky explained. Starting
such as cameras and computers, human creators dominate off with simple crayon drawings, many children find a creative
their creation. In some domains, AI systems have already outlet within art. Crude approximations of houses, animals, and
matched, if not surpassed, human intelligence. Some have loved ones are held in high esteem as they are tacked up on the
evolved to a degree where they can not only emulate a fridge. However, as we grow older and we meet critics — those
particular human author to generate works in their style, but who insist on colors within the lines and accurate
also create new styles to generate works. For example, a team representations on the page — our confidence goes down. And
at the Art and Artificial Intelligence Lab at Rutgers University with that, so too does many peoples’ efforts to pursue artistic
has created deep neural networks called Generative Adversarial endeavors. This technology not only makes creativity widely
Networks and Creative Adversarial Networks. Generative accessible, but also allows individual artistic confidence to grow
Adversarial Networks can be taught to generate paintings in a since the barrier to entry is quite low.
particular, existing style while Creative Adversarial Networks, a
modification of Generative Adversarial Networks, go further to 81. Kyle Chayka, (Staff, New Yorker), IS A.I. ART STEALING
generate paintings outside of known artistic styles. Observers FROM ARTISTS?, Feb. 10, 2023. Retrieved Dec. 15, 2023 from
cannot tell whether Creative Adversarial Network paintings have https://www.newyorker.com/culture/infinite-scroll/is-ai-art-
been generated by a human or AI system. stealing-from-artists In some sense, you could say that artists
are losing their monopoly on being artists. With generative A.I.,
any user can become an author of sorts. In late January,
Mayk.it, a Los Angeles-based music-making app, released
Drayk.it, a Web site that allowed users to create A.I.-generated
Drake songs based on a given prompt.
 39

82. Dustin J. Corbett, (Editor), LIBERTY UNIVERSITY LAW 86. Dan Burk, (Distinguished Professor of Law, University of
REVIEW, Spr. 2023, 324. Intellectual Property (IP) rights in the California, Irvine), GEORGIA LAW REVIEW, 2023, 1681. The
United States are constitutionally prescribed for the express question now for intellectual property law is not so much how or
purpose of encouraging human innovation. The patent and whether to assign the rights in automated works current doctrine
copyright systems fulfill this purpose by incentivizing authors allows us to locate someone in whom such rights will vest. And
and inventors to disclose their efforts to the public, which AI systems themselves, of course, require no incentives to
disseminates the knowledge to the public and thereby works to create; they will (quite literally) mindlessly pursue whatever task
maximize the creative potential of humanity. In turn, human they are set by their creators and users.
creativity has sparked successive eras of technological and
industrial revolution, altering every aspect of human experience 87. Kashmir Hill, (Tech Reporter, New York Times), THIS TOOL
and redefining our everyday experiences and our vision of the COULD PROTECT ARTISTS FROM A.I.-GENERATED ART
future. However, the old guard of established industry whose THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved Dec.
market is most susceptible to displacement by revolutionary 15, 2023 from
technology utilize the IP systems to police the innovative efforts https://www.nytimes.com/2023/02/13/technology/ai-art-
of others and consequently stem the tides of progress. Seeds of generator-lensa-stable-diffusion.html Jeanne Fromer, a
discontent have sprouted among a public who increasingly professor of intellectual property law at New York University,
regard IP with ambivalence, and the march of progress is said the companies may have a strong fair use argument. “How
certain to stumble if these seeds are left unchecked. do human artists learn to create art?” Professor Fromer said.
“They’re often copying things and they’re consuming lots of
83. Dustin J. Corbett, (Editor), LIBERTY UNIVERSITY LAW existing artwork and learning patterns and pieces of the style
REVIEW, Spr. 2023, 352. The abundance of data and sufficient and then creating new artwork. And so at a certain level of
computing power enabled AI development to reach a "tipping abstraction, you could say machines are learning to make art
point" in 2016. Since then, AI technology has experienced the same way.”
significant growth across many different fields. This growth has
resulted in 25% of all unique inventor-patentees in 2018 using 88. Sona Sulakian, (Patent Attorney, and Co-founder at
AI technologies, with AI applications expected to develop across Pincites), ENTERTAINMENT & SPORTS LAW, Spring 2023,
most industries throughout the foreseeable future. This growth 139. The blurred line between inspiration and imitation further
is merely part of the same exponential pattern of human complicates with the addition of machine learning, which learns
knowledge, with a clearly foreseeable course a recursive loop by example. While copyright law recognizes the independent
for AI technology. AI capabilities will exponentially increase as creation defense to copyright infringement, music is not
more knowledge enables more training data for AI and greater developed in a vacuum; musicians draw inspiration from a
technological capability enables greater processing ability. young age and often develop their musical styles at youth.
Arguably, training an AI algorithm on a set of songs does not
84. Dustin J. Corbett, (Editor), LIBERTY UNIVERSITY LAW much differ from an impressionable teenager.
REVIEW, Spr. 2023, 361. Despite AI allegedly having already
generated inventions that have been granted patent protection 89. Grant Darling, (Staff, Udemy), IS AI ART REALLY THEFT?
and works that are indistinguishable from human creation, most THE ETHICALITY OF AI ART GENERATORS, Feb. 10, 2023.
jurisdictions consider human intellectual authorship as a Retrieved Dec. 15, 2023 from https://thecodebytes.com/is-ai-art-
prerequisite for IP protection. The U.S. Copyright Office theft/ Before we jump into the ethical reasons for whether or not
currently requires that "a work must be created by a human AI Art is stolen art, we first need to understand how AI works.
being. . . . [T]he Office will not register works produced by a To begin, for an image generator to be able to create images, it
machine or mere mechanical process that operates randomly or needs a massively diverse training set of images to learn from.
automatically without any creative input or intervention from a We are talking about millions or even billions of images that
human author." have been scraped from the internet. In addition to images,
these training models usually also need text descriptions. These
85. Dustin J. Corbett, (Editor), LIBERTY UNIVERSITY LAW would be associated with the images to help distinguish what is
REVIEW, Spr. 2023, 362. Although many will insist that true what. If you know a bit about HTML, you can imagine how this
"creativity" requires a human mind and "computational works. Many of these descriptions are often taken from the alt
creativity" is nothing more than an oxymoron, it should be noted tags associated with images on websites.
that all creativity can be expressed as inherently algorithmic. It
is impossible to produce "work that is completely original, that 90. Dan Burk, (Distinguished Professor of Law, University of
breaks completely with existing codes and canons; . . . all California, Irvine), GEORGIA LAW REVIEW, 2023, 1683.
cultural production is inherently derivative and algorithmic." Consumers effectively replace abundance with scarcity by
Such algorithmic alteration has been commonplace in industries rejecting lower cost automated production and reverting to
such as music and writing throughout history. This is because insistence on slower, costlier artisan production. Artisan or
purely random "creativity" is often worthless (e.g., the pattern traditional methods are labeled "genuine" or "authentic" while
produced by throwing your dinner against the wall would be automated output is denigrated as inauthentic even in situations
"original nonsense") and only creative works that are sufficiently where the quality of production is equivalent to that of human
similar to existing norms to be perceived as having artistic value labor, or when the automated output is materially superior. The
yet sufficiently dissimilar to not be predictable are hailed as valuation of "authenticity" may even increase the desirability of
pinnacles of "creativity." If one were to take unpredictability as a flaws or imperfections that demonstrate the origin of artisan
synonym for this form of creativity, which entails deviating products.
slightly from existing canons to explore the fringes of current
knowledge, then we can make machines creative. Indeed,
computers are just as capable, or incapable, of originating such
things as people are.
 40

91. Dan Burk, (Distinguished Professor of Law, University of 97. Sona Sulakian, (Patent Attorney, and Co-founder at
California, Irvine), GEORGIA LAW REVIEW, 2023, 1684. The Pincites), ENTERTAINMENT & SPORTS LAW, Spring 2023,
erratic results of human failure can be automated away, and 140. In Midler v. Ford Motor Co., Bette Midler claimed rights in
consumers can be supplied with an unending stream of her own voice that Ford imitated in an advertisement. The court
affordable, uniform, and copious goods. But against such recognized her vocal rights under a right of publicity variation
productive regularity, the misplaced color, the jagged edge, the and noted that "[a] voice is as distinctive and personal as a
errant thumbprint all become desired characteristics of face. The human voice is one of the most palpable ways identity
personality and personalization. Much as the Mideastern carpet is manifested." The Ninth Circuit's holding emphasized the
weaver is said to deliberately introduce a flaw into the design in distinctive nature of Midler's voice, a sufficient indicator of her
recognition that only Allah can produce perfection, the identity, and the imitation's commercial nature. Similarly, in
imperfections in handicrafts become the tokens of the values Waits v Frito-Lay Inc., the Ninth Circuit held that a radio
placed on the humanity of the crafter. commercial imitating Tom Waits's raspy voice violated his right
of publicity under California law and constituted false
92. Dan Burk, (Distinguished Professor of Law, University of endorsement under federal law. These cases illustrate how the
California, Irvine), GEORGIA LAW REVIEW, 2023, 1696. As we law may protect artists from nonconsensual imitations of one's
have now seen, it seems likely that proliferation of automated, voice for commercial purposes.
synthetic creativity will drive demand for human creativity that is
considered authentic, and we have a sense of what such 98. Amy Adler, (Prof., Law, New York University School of Law),
authenticity, prompted by advancing automation, entails. NYU LAW REVIEW, 2023, 758. After the Mona Lisa was stolen
from the Louvre in 1911, thousands of people lined up to stare
93. Elisa Lorello, (Author), HOW TO MAKE PRODUCTIVE USE at the blank spot on the wall where it had hung. Some even
OF CHATGPT, Apr. 19, 2023. Retrieved Dec. 15, 2023 from brought flowers to lay before the empty space. This poignant
https://janefriedman.com/author/chris-jane/ Yes, AI will cause story suggests to me that our desire for authenticity may be a
disruption. Yes, there will be a lot of AI-generated books (like, a hopeless quest for something we've lost.
lot) and content, and yes, there will be a lot of crap to sort
through. But I think a savvy reader will know the difference 99. Kashmir Hill, (Tech Reporter, New York Times), THIS TOOL
between AI and human, organic writing, and I think publishing COULD PROTECT ARTISTS FROM A.I.-GENERATED ART
will adjust and adapt. Some people will game the system and THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved Dec.
get rich at the outset, and then the system will catch up and 15, 2023 from
weed them out. Standards will evolve. Because if there’s https://www.nytimes.com/2023/02/13/technology/ai-art-
anything we learned from the rise of ebooks and self-publishing, generator-lensa-stable-diffusion.html Raymond Ku, a copyright
it’s that fighting or resisting is futile. Downplay the bad and work law professor at Case Western Reserve University, predicted
with the good. that the art generators, rather than just taking art scraped from
the internet, will eventually develop some kind of “private
94. Mike Feibus, (Pres., FeibusTech, a Scottsdale, Arizona contractual system that ensures some degree of compensation
Consulting Firm), AI IS NO SHAKESPEARE. WHY CHATGPT, to the creator.”
OTHER TOOLS ARE UNLIKELY TO TAKE YOUR WRITING
JOB, Apr. 14, 2023. Retrieved Dec. 15, 2023 from 100. Amy Adler, (Prof., Law, New York University School of
https://www.usatoday.com/story/tech/2023/04/14/ai-chatgpt- Law), NYU LAW REVIEW, 2023, 710. The Van Gogh Museum
wont-replace-writers/11666237002/ AI's limitations will keep now sells limited-edition 3D copies of some of its paintings
humans at the top of the food-for-thought chain. For one – and which are so convincing that each is marked with an
with apologies to Shakespeare – a human both a lender and unbreakable seal to prevent the replicas from being mistaken
borrower be. Generative AI, on the other hand, can only borrow for originals in the market. And, of course, these questions are
– from us. For all the copy it can generate, it flat-out can’t invent paramount in digital art, which is infinitely reproducible. As we
fresh, new expressions and observations. It needs us for that. shall see, the NFT attempts to resolve these precise questions,
manufacturing authenticity in a world of limitless copies.
95. Sam Johnson, (Editor-In-Chief of Otter PR), WHY AI CAN’T
REPLACE A CLIENT-FOCUSED TEAM OF DEDICATED 101. Amy Adler, (Prof., Law, New York University School of
HUMAN WRITERS, Apr. 3, 2023. Retrieved Dec. 15, 2023 from Law), NYU LAW REVIEW, 2023, 765. As we saw with "minimal"
https://www.spiceworks.com/tech/artificial-intelligence/guest- artists such as Dan Flavin and Robert Morris, the capacity for
article/why-ai-cant-replace-human-writers/ Human creativity is replication was intrinsic to their art objects, which were
endless; we can sense the needs of other humans, bend our constructed from everyday materials or, in Morris's case,
interactions to fit those needs and create pieces that speak to premised on the idea that the work could be remade. These
issues so beautifully that they can alter the perception and artists therefore confronted philosophical questions raised by
opinions of others. Service, promotion, and marketing are still the reproducible quality of their work, in which one iteration
very human ideals. If given the opportunity, human beings will seemed interchangeable with another. As the curator Jeffrey
excel far beyond anything a computer program could produce. Weiss has written of this period, "since one `copy' is presumably
as good as another, the very notion of an original is often moot."
96. Amy Adler, (Prof., Law, New York University School of Law), Now digital work has a similar inherent condition: One copy is
NYU LAW REVIEW, 2023, 712. According to the utilitarian as good as another, and again, the notion of an original is moot.
theory of copyright, the dominant account in U.S. law and The NFT is a market mechanism that solves this problem:
scholarship, copyright is necessary to incentivize authors to Whereas there is no original digital work, and all copies of it are
produce works. Without copyright, artists would be undercut in fungible, the NFT creates a unique, non-fungible device that
the market by others who create copies and sell them for points to the work and that can be sold.
cheaper than the original creator, thus reducing the incentive of
the original artist to create.
 41

102. Amy Adler, (Prof., Law, New York University School of 107. Amy Adler, (Prof., Law, New York University School of
Law), NYU LAW REVIEW, 2023, 768. The NFT phenomenon Law), NYU LAW REVIEW, 2023, 715. Authenticity has never
makes perfect sense when viewed from the perspective of the been a hotter topic in art. The contemporary art market is
art world, which is the realm in which NFTs first captured public soaring, and authenticity is essential to give a work value. Given
attention and the realm which claims the most expensive NFT all the money to be made, the culture of secrecy that surrounds
sale to date. For the past 100 years, contemporary artists and so much of the art world, and experts' fear of liability for
art market professionals have been exploring both philosophical identifying fakes, forgeries are on the rise - as are lawsuits. On
and market questions about what authenticity, originality, and June 24th, 2022, the FBI raided the Orlando Museum of Art,
uniqueness mean in a world of copies. And just as the art seizing twenty-five works on view in a blockbuster exhibit. The
market came to accept a norm of authenticity that is arbitrary museum initially claimed they were newly-discovered paintings
and artificial, the market for NFTs followed suit. by celebrated graffiti artist Jean Michel Basquiat. Basquiat is a
popular sensation as well as an art market star a painting of his
103. Amanda Sharp, (JD Candidate), SAN DIEGO LAW recently sold for $85 million at auction. If authentic, the works in
REVIEW, Fall 2022, 663. Establishing how copyright law Orlando would have been worth about $100 million. But the FBI
applies to NFT images is vital if NFTs are to fulfil their potential believes the paintings are worthless forgeries, and many art
as a facilitator of accurate, inexpensive, and secure digital asset world experts agree.
tracking. The copyright principles of protecting creative works
and fostering innovation within new art forms must be 108. Amy Adler, (Prof., Law, New York University School of
remembered when making decisions regarding how - or if - Law), NYU LAW REVIEW, 2023, 765. The NFT creates artificial
current copyright laws sufficiently cover the questions NFT scarcity in a medium where the very concept of an authentic
images raise. original "makes no sense." As Jeanne Fromer and I wrote in our
recent article on memes, "NFTs represent an attempt to cling to
104. Amy Adler, (Prof., Law, New York University School of the concepts of uniqueness, originality, and authenticity in a
Law), NYU LAW REVIEW, 2023, 766. The soaring market for world in which those concepts no longer make sense." The NFT
art, particularly contemporary art, which has reached record- responds to a world of limitless reproduction by artificially
breaking prices in the past decade, depends for its value on the creating and monetizing authenticity.
existence of a clear distinction between real and fake.
109. Amy Adler, (Prof., Law, New York University School of
105. Kashmir Hill, (Tech Reporter, New York Times), THIS Law), NYU LAW REVIEW, 2023, 765. Thus, there are at least
TOOL COULD PROTECT ARTISTS FROM A.I.-GENERATED four key features of the market for NFTs that have longstanding
ART THAT STEALS THEIR STYLE, Feb. 17, 2023. Retrieved precedent in the art market as I have explored it. First, both
Dec. 15, 2023 from markets depend on finding a method to limit and monetize
https://www.nytimes.com/2023/02/13/technology/ai-art- works that are capable of unlimited reproduction. The NFT
generator-lensa-stable-diffusion.html Professor Zhao and a market creates and sells artificial scarcity in a world of
team of computer science researchers at the University of abundance everyone can access and right-click on a digital
Chicago designed a tool called Glaze that aims to thwart A.I. image, but the NFT pointing to that reproducible digital image is
models from learning a particular artist’s style. Say, for example, unique. In the same way, the convention of the limited edition in
that Ms. Ortiz wants to post new work online, but doesn’t want it photography can confer scarcity and therefore great value on
fed to A.I. to steal it. She can upload a digital version of her images that could otherwise be continually reproduced.
work to Glaze and choose an art type different from her own,
say abstract. The tool then makes changes to Ms. Ortiz’s art at 110. Amy Adler, (Prof., Law, New York University School of
the pixel-level that Stable Diffusion would associate with, for Law), NYU LAW REVIEW, 2023, 711. Why do we attach so
example, the splattered paint blobs of Jackson Pollock. To the much value to the "real" thing? Is the relationship between the
human eye, the Glazed image still looks like her work, but the copy and the original parasitic or synergistic? The basic premise
computer-learning model would pick up on something very of copyright law is that unauthorized copies threaten to usurp
different. It’s similar to a tool the University of Chicago team demand for the original. Walter Benjamin hoped copies would
previously created to protect photos from facial recognition "wither" what he called "the aura" associated with unique works.
systems. When Ms. Ortiz posted her Glazed work online, an But today, copies often reinforce our desire for the real thing,
image generator trained on those images wouldn’t be able to just as a uniquely prized original that is beyond our reach drives
mimic her work. us to yearn for a copy. Soon we will all be able to have a perfect
replica of the Mona Lisa on our walls, 3D-printed to capture
106. Amy Adler, (Prof., Law, New York University School of every nuance of Leonardo's brushstrokes. Will we no longer go
Law), NYU LAW REVIEW, 2023, 711. Yet even as the on pilgrimages to the Louvre to see the real work? Or will our
distinction between real and copy is being erased, the soaring desire to be in its presence intensify as its clones proliferate,
art market depends on that distinction. For example, a "real" luring us to worship at the altar of the real?
Glenn Ligon sold at Sotheby's for $3,973,000. While you could
go to the neon manufacturer's workshop in Brooklyn and get a 111. Amy Adler, (Prof., Law, New York University School of
perfect copy of "Ligon's" Untitled, it would be worth only what a Law), NYU LAW REVIEW, 2023, 713. Since artists derive the
neon sign is worth. And the stakes are even higher with the big vast majority of their income from originals, unauthorized
market stars. A recent lawsuit involved the authenticity of a copying simply does not impact an artist's market in the way
supposed Warhol. While a fake Warhol is unmarketable, a real that copyright law envisions. In short, "[t]he basic premise of
Warhol is worth a fortune: Warhol's Silver Car Crash (Double copyright law - that the copy poses a threat to creativity - does
Disaster) (1963) sold for $105 million in 2013 one of his 1964 not apply to art." Instead, I showed that the most important
Marilyn Monroe portraits sold for $195 million in May 2022, the value for participants in the art market is something I called "the
highest auction price ever paid for a work by an American artist. norm of authenticity."
 42

112. Amy Adler, (Prof., Law, New York University School of 117. Amy Adler, (Prof., Law, New York University School of
Law), NYU LAW REVIEW, 2023, 746. The Guyton story, like Law), NYU LAW REVIEW, 2023, 767. Why would someone pay
the Eggleston case, provides more evidence that we should vast sums for something that other people can seemingly have
reconsider the traditional instinct that copies dilute the value of cheaply or even for free? This is one of the paradoxes that
the original. Sobel's lawsuit against Eggleston was based on befuddle people new to both NFTs and the art market. Why pay
this traditional instinct (as is the very concept of the limited $120,000 for a banana, rather than grabbing a banana from
edition). But market watchers suggest Sobel was wrong: The your counter and taping it to your wall? Why buy a multimillion-
copies increased the value of his "originals." As my previous dollar Andy Warhol work when, with care, you can create a
work has argued, in art (and in other realms), unauthorized near-identical one? Similarly, why buy an expensive NFT of a
copies can sometimes help the market for an original work, or digital image when, in the typical case, you don't own the image
even create a market that did not exist before the copy. or even the copy right to the image? All you own is a token on
the blockchain that points to the image, which is available to
113. Amy Adler, (Prof., Law, New York University School of everyone else who wants to right-click on it. Why is that
Law), NYU LAW REVIEW, 2023, 760. When you buy an NFT of valuable? What is the mysterious mechanism that creates value
a digital image or clip, you typically don't buy the image, which in a world of cheap, flawless, and limitless copies? We might
remains freely available. Everyone has access to the same have assumed that that mechanism was copyright law, which
image and can "right-click" and save it. Typically, you don't even was created to solve the problem of how to sort originals, or
buy copyright in the image. There is nothing stopping you from valuable copies, from valueless, infringing ones. But as this
doing so if the copyright is for sale, but digital authors and NFT Article has shown, the NFT market, like the art market before it,
owners usually desire the circulation of the image, not control of creates value in a world of copies without any recourse to
it. As with so much of the contemporary art world, copies confer copyright law. Both markets instead depend on a non-legal
rather than usurp value. market mechanism, a norm I call "artificial authenticity," the
114. Sean Blanda, (Vice President of Content for Crossbeam), contours of which I have explored at length in this Article.
A HALF-BAKED IDEA: NFT FOR WRITERS, Feb. 28, 2021. 118. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent
Retrieved Dec. 15, 2023 from https://www.seanblanda.com/nft- College of Law), UNIVERSITY OF ILLINOIS LAW REVIEW,
for-writers/ NFTs, or "Non Fungible Tokens" allow digital items 2023, 1089. Thus, intellectual property involves (1) exclusive
to be “owned” and tracked via blockchain. People are mostly rights for creations of the mind, which may include, at least, the
using this to make, buy, and trade digital artwork. See this rights to exclude, to transfer, and to use or possess. Ideally, an
“painting” for auction, as an example. The New York Times IP system should (2) enable people to earn recognition or
recently covered a more notable NFT purchase here. For the financial benefit from what they create and (3) foster an
first time, we can prove who owns something digitally, and environment in which creativity and innovation can flourish.
transfer that ownership in a traceable way. NFTs meet all three requirements of IP.
115. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent 119. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent
College of Law), UNIVERSITY OF ILLINOIS LAW REVIEW, College of Law), UNIVERSITY OF ILLINOIS LAW REVIEW,
2023, 1098. NFTs give the power back to artists, who do not 2023, 1089. A copyright protects, by law, your landscape fixed
have to accept the unfavorable terms of auction houses or other in a tangible medium of expression (i.e., the canvas), while an
intermediaries to sell their artworks. As Charlotte Kent NFT protects, by technology, the virtual token of the landscape
summarized: [T]he important point to hold onto is that the hype recorded on blockchain. Likewise, owners of NFTs have
and speculation right now are distractions from the potential this exclusive rights to exclude, to transfer, and to use or possess
technology has to fix the inequity artists experience in the the NFTs they own. Once NFTs are created for their owners
traditional marketplace. Artists have sought a more respectful and recorded on blockchain, no one else has rights to the NFTs
art industry for decades. Now, the technology is here that can unless the owners transfer them, which is then recorded on
help them push that goal. Previous efforts at equity depended blockchain authenticating the transaction and the new owner's
on industry leaders and courts. In this instance, artists' rights to the NFTs. The code of blockchain and smart contracts
demands are shaping what is possible. establish the law of exclusive rights for the NFTs. Second, NFTs
116. Amy Adler, (Prof., Law, New York University School of enable creators to earn recognition or financial benefit from
Law), NYU LAW REVIEW, 2023, 765. Second, as we have what they create. Indeed, for many independent artists, NFTs
seen, both the art and NFT markets accomplish the need to limit may do a better job of fulfilling the economic mandate of the
and monetize infinitely reproducible works by turning to a norm Copyright Clause in providing authors with financial rewards
of authenticity. And, third, the norm of authenticity in both cases commensurate with their creative work.
is artificial. A work is not intrinsically authentic but becomes so 120. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent
based on an extrinsic convention or practice. In art, that might College of Law), UNIVERSITY OF ILLINOIS LAW REVIEW,
be any of the varied practices of authentication I have explored 2023, 1091. Indeed, because blockchain technology is resistant
up to now. For example, with Flavins, the "authenticity" of the to hacking, the exclusive rights for NFTs may be even stronger -
work is located in the certificate, not the object. Similarly, with or more self-enforcing - than statutory rights that require the IP
NFTs of digital works, the locus of value is not found in the owners to police for infringement (which becomes a whack-a-
underlying reproducible work, but in the token itself, an arbitrary mole problem on the Internet). Indeed, the amount of NFT
marker extrinsic to the work. Finally, in both markets, as I have transactions in 2021 - people buying and selling NFTs -
explored, copyright is not the driver of value. The norm of provides compelling evidence that they are intellectual property.
authenticity has completely displaced it. In 2021, sales of NFTs reached approximately $27 billion. By
creating a new IP in the form of virtual tokens, NFTs have
created an entirely new market and dramatically changed the
underlying economics and commercial value of art or works of
authorship sold in token form as NFTs.
 43

121. Amanda Sharp, (JD Candidate), SAN DIEGO LAW

REVIEW, Fall 2022, 658. NFT images offer benefits to art
collectors and artists that physical art never could. While the
digital nature of NFT images can pose as an entry barrier for
older artists unfamiliar with blockchain technology, its digital
component is helping to expose an entire segment of the
population to the art world. High-quality, physical art can be
expensive and hard to purchase without access to an auction
house, but high-value, high-quality NFT images are accessible
to everyone with a digital address and wallet.
122. Amanda Sharp, (JD Candidate), SAN DIEGO LAW
REVIEW, Fall 2022, 658. NFT projects are also helping to
redistribute economic power within the art world by giving more
autonomy to the artist and collectors making the once exclusive
services of galleries and auction houses unnecessary. Although
off-chain NFT images can be lost, altered, or destroyed, on-
chain NFT projects allow valuable, unseen art to be showcased
to the public without concern of theft or tampering. Physical art
that may have been hidden away in a vault can now be minted
into an NFT image and showcased via a high-definition screen.
This enhances the public's exposure to exquisite art collections
while bypassing the safety concerns associated with displaying
physical works.
123. Amanda Sharp, (JD Candidate), SAN DIEGO LAW
REVIEW, Fall 2022, 664. NFT images are copyrightable upon
creation if they are an original work of authorship fixed in a
tangible medium of expression. All original and generated NFT
images are copyrightable subject matter as pictorial or
audiovisual works. Additionally, when an author creates the
underlying layers of art used by the AI to generate the final NFT
image, the NFT image is arguably fixed in a tangible medium of
expression - through either physical drawings or digital
renderings. The NFT image must also be original. Despite the
fact that NFT images are often created using AI, courts have
historically set the originality bar very low. It is likely any NFT
project that was created with human input would meet the
originality requirement.
124. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent
College of Law), UNIVERSITY OF ILLINOIS LAW REVIEW,
2023, 1053. The thesis of this Article is that De-IP is
modernizing our aging copyright system already, albeit in a
decentralized manner through a new technology called the non-
fungible token ("NFT"). Like the profound movement to
decentralized finance ("DeFi"), De-IP utilizes blockchain
technology to provide an alternative, decentralized way to
engage in activities that have traditionally been governed by a
highly centralized regulatory system, typically involving the
government and dominant industry intermediaries.
125. Edward Lee, (Prof., Law, Illinois Tech Chicago-Kent
College of Law), UNIVERSITY OF ILLINOIS LAW REVIEW,
2023, 1086. De-IP operates in a similar fashion to DeFi. The
primary mechanism in both De-IP and DeFi is the same:
blockchain technology is utilized to provide an alternative,
decentralized way to engage in activities that have traditionally
been governed by a highly centralized regulatory system,
typically involving the government and dominant intermediaries.
To put it succinctly: De-IP does to copyright what DeFi does to
currency.