Art and AI: Who is the Author When Creating a Machine?

From viral images to Darth Vader's voice in a video game, AI is revolutionizing artistic creation. This has sparked a global legal and ethical battle: if a machine creates, is it art? And more importantly, who owns it?

The Case That Changes Everything: Justice vs. AI

Artificial intelligence (AI) has ceased to be a futuristic promise and has become a disruptive force in the present, especially in the field of artistic creation. Tools like Midjourney and DALL-E 3 allow any user to generate complex images with simple text commands, while other platforms can compose music or write scripts. This revolution has sparked a fundamental legal and philosophical battle: when a machine creates a work, who owns the copyright?

A recent court ruling in the United States has set a key precedent. A federal judge in the District of Columbia ruled that works of art generated solely by AI, without significant human intervention, cannot be protected by copyright. The case was brought by entrepreneur Stephen Thaler, who attempted to trademark a work created by his AI system, arguing that the machine should be recognized as the author. The court reaffirmed that "human authorship is a fundamental requirement" for copyright protection.

This verdict aligns with the position of the U.S. Copyright Office and a similar ruling in Mexico, where the Federal Court of Fiscal and Administrative Justice denied registration of works from the "Leonardo" platform, arguing that the algorithms lack the "artistic sensitivity and originality" inherent in a human creator. However, in China, an internet court ruled in favor of a plaintiff who used AI to generate an image, recognizing him as the author due to his "direct role in shaping" the model, establishing that the AI ​​acted as an advanced tool, not as an autonomous creator. These contradictory rulings globally demonstrate that the legal debate is far from resolved.

Advantages vs. Disadvantages: Tool or Replacement?

The debate about AI in art is polarized into two opposing views. On the one hand, its proponents see it as a revolutionary tool that democratizes and enhances human creativity. AI can optimize tedious technical processes such as editing or color correction, freeing artists to focus on the conceptual aspects of their work. Furthermore, it offers a nearly inexhaustible source of inspiration, allowing them to explore styles and combinations that were previously unthinkable.

On the other hand, its detractors warn of serious ethical and professional risks. One of the main criticisms is the lack of originality, as AI works are based on the analysis and recombination of millions of pre-existing data and human works. This brings us to the thorniest problem: the training of AI models. These systems are often "fed" works from artists around the world without their consent or compensation, raising serious copyright infringement and a fundamental ethical question. Furthermore, there is legitimate concern about the devaluation of artistic work and the potential loss of jobs for human creators.

Hollywood and Video Games at the Crossroads of AI

The entertainment industry is already using AI in ways that directly impact audiences, though often invisibly. In Hollywood, studios are using it to cut costs, such as digitally generating armies of thousands of soldiers without extras, or for post-production tasks. This practice was a focal point in recent strikes by actors and screenwriters, who fear that AI will be used to replicate their likeness or replace their work without fair compensation.

In the world of video games, controversy recently erupted over the game "Fortnite." In an update, the character of Darth Vader was introduced with an AI-generated voice that could interact in real time with players. The situation became contentious when Vader's AI made critical comments about Disney sequels, declaring them to be "worthless children's films" and that he wasn't afraid of "corporate agendas." This incident demonstrated the unpredictable potential and risks of using AI to replicate iconic characters, sparking a debate about creative control and ownership of digital personality.

The Million Dollar Question: Can a Machine Be Creative?

Ultimately, the emergence of AI forces us to redefine what we mean by "creativity." Experts like filmmaker Coronel argue that while a machine can simulate creativity through pattern matching, it lacks the elements that define human creation: experiences, emotions, intentions, and context. A machine emulates, it doesn't feel.

Art, at its core, is a form of intimate expression, an emotional bridge between creator and audience. AI can generate visually stunning results, but without the human experience behind it, can it truly be considered art?

The future is likely not a battle between humans and machines, but rather an era of "collaborative creativity," where AI functions as an extension of the artist's vision. However, for this collaboration to be ethical and sustainable, it is urgent to establish clear regulations that protect the rights of original creators and ensure that technology serves to enhance human creativity, not replace it.