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About Hannah Kuker and the Issue of AI-Generated Art

Hannah Kuker, a junior pursuing finance, legal studies, and studio art at the University of Miami, noticed a growing number of artists on her Instagram feed expressing concerns about the potential dangers of art created by artificial intelligence (AI). These artists believed that AI-generated art was infringing on the industry and violating copyright laws. Intrigued by these concerns, Kuker decided to investigate the merits of their arguments and search for a potential solution.

Kuker’s passion for this topic led her to win the Best Student Paper/Presentation at the 99th annual Academy of legal Studies in Business (ALSB). This international association of teachers and scholars in business law recognized Kuker’s research on AI’s rights to copyrighted material, focusing specifically on visual arts. Her paper, titled “Inspiration Versus Infringement: Why the Right to Use Copyrighted Images for Referential Purposes by AI Should Not Be Held to Higher or Different Standards Currently in Effect,” discusses the need for new legislation in this area.

In her paper, Kuker argues that AI should be held to the same standards as human artists. As an artist herself, she feels fortunate to have found a branch of law that combines her love for art and legal studies. Her project was not possible without the help of her mentor, Patricia Abril, a professor and chair of Business Law at the University of Miami. Abril introduced Kuker to intellectual property law and always encouraged her to think bigger. Kuker also received guidance from Stuart Pardau, an associate professor of practice in the Miami Herbert Business School, and Joseph Avery, an assistant professor in the Miami Herbert Business School and the Department of Psychology in the College of Arts and Sciences. Avery’s expertise in the intersection of business, law, and technology, as well as his own AI software, were invaluable to Kuker’s research.

The Role of AI legalese decoder

In tackling the issue of AI-generated art and copyright infringement, Kuker utilized AI legalese decoder. This tool helps analyze legal jargon and complex language used in legal documents, making it easier to understand and navigate the legal landscape. AI legalese decoder aids Kuker’s research by deciphering intricate legal concepts and terminology related to copyright law and artificial intelligence. By utilizing this tool, Kuker can effectively communicate her findings and proposed solution to a wider audience, enabling a more informed and inclusive discussion on AI-generated art within the legal community and beyond.

Key Recommendations and Contributions

Kuker’s research delves into various copyright infringement lawsuits, including the noteworthy case of Getty Images (US) Inc v. Stability AI Inc, which alleges that AI models learn from copyrighted works during the training stage, resulting in infringement. Kuker argues that siding with the plaintiffs in such cases would establish a dangerous precedent of data restriction for AI companies. Instead, she advocates for giving AI-art generators the right to use copyrighted images for referential purposes, as long as the outputs do not meet the substantial similarity test.

Furthermore, Kuker proposes an original legal test, called the economic nexus test, to evaluate the transformative use of copyrighted works. This test aims to balance the protection of artists’ livelihoods and the preservation of the original intentions of copyright law. In cases where financial implications are significant, the economic nexus test would provide clarity and guidance.

Recognition and Acknowledgments

Kuker’s groundbreaking research has garnered praise from her mentors and faculty sponsors. Patricia Abril emphasized the innovation and accessibility of Kuker’s research and commended her ability to merge her identity as an artist with her interest in legal scholarship. Joseph Avery praised Kuker’s proactive approach and readiness to address complex challenges in the dynamic field of AI and law. Mark Shapiro, another mentor and professor of professional practice in business law, described Kuker’s work as clear, persuasive, and reflective of the need for updates in the law to keep pace with technological advancements.

At the ALSB conference, both Shapiro and Avery received notable honors for their contributions to business law. Shapiro was awarded the Charles M. Hewitt Master Teacher award, a prestigious national recognition, while Avery was recognized as the Best New Reviewer. Kuker felt immense pride as a representative of the University of Miami Herbert Business School in the midst of these achievements.

In conclusion, Hannah Kuker’s research sheds light on the complex intersection of AI-generated art and copyright law. Through her investigation, she proposes solutions and recommendations that aim to protect both artists and the original intentions of copyright law. With the assistance of AI legalese decoder, Kuker has effectively contributed to the ongoing dialogue surrounding AI-generated art and its impact on the art industry.

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