AI-created artwork as conceptual art: the case of DALL·E mini

Written By

joaquin munoz Module
Joaquín Muñoz

Partner
Spain

I am a partner and head in Bird & Bird's Commercial and Privacy & Data Protection department in the Madrid office.

Artificial Intelligence technologies are increasingly more developed and available to the general public, giving way to an overflow of user-AI-generated creations. One of such AIs is DALL·E, capable of generating a series of images from written prompts. Who should be considered the author of said images: the user who provided the instructions, or the AI who generated the works? A recent and ground-breaking pronouncement by the Paris Court of Cassation has contributed to delimitate the legal limits of authorship in conceptual art, and may be able to shed some light on the subject.

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