Copyright in Generative Deep Learning
Not on the map. Why?
Abstract (arXiv)
Machine-generated artworks are now part of the contemporary art scene: they are attracting significant investments and they are presented in exhibitions together with those created by human artists. These artworks are mainly based on generative deep learning techniques, which have seen a formidable development and remarkable refinement in the very recent years. Given the inherent characteristics of these techniques, a series of novel legal problems arise. In this article, we consider a set of key questions in the area of generative deep learning for the arts, including the following: is it possible to use copyrighted works as training set for generative models? How do we legally store their copies in order to perform the training process? Who (if someone) will own the copyright on the generated data? We try to answer these questions considering the law in force in both the United States of America and the European Union, and potential future alternatives. We then extend our analysis to code generation, which is an emerging area of generative deep learning. Finally, we also formulate a set of practical guidelines for artists and developers working on deep learning generated art, as well as some policy suggestions for policymakers.
Key facts. Cited by 29 papers in the map (data through 7 Oct 2026). Builds on 31 of its 117 references that are in the map. First posted on arXiv 19 May 2021.
Builds on
31 of 117 references.
References · 31
- 2018BERT: Pre-training of Deep Bidirectional Transformers for Language Understandingcited by 40,204
- 2021Learning Transferable Visual Models From Natural Language Supervisioncited by 33,456
- 2020Language Models are Few-Shot Learnerscited by 32,199
- 2018A Style-Based Generator Architecture for Generative Adversarial Networkscited by 5,986
- 2016Image-to-Image Translation with Conditional Adversarial Networkscited by 4,510
- 2021Zero-Shot Text-to-Image Generationcited by 4,276
- 2020Taming Transformers for High-Resolution Image Synthesiscited by 3,229
- 2017Progressive Growing of GANs for Improved Quality, Stability, and Variationcited by 2,967
- 2018Large Scale GAN Training for High Fidelity Natural Image Synthesiscited by 2,609
- 2016WaveNet: A Generative Model for Raw Audiocited by 1,710
- 2018Datasheets for Datasetscited by 1,371
- 2016Man is to Computer Programmer as Woman is to Homemaker? Debiasing Word Embeddingscited by 1,304
19 more
- 2016Conditional Image Generation with PixelCNN Decoderscited by 859
- 2016Pixel Recurrent Neural Networkscited by 814
- 2018Self-Attention Generative Adversarial Networkscited by 809
- 2018Image Transformercited by 770
- 2016SeqGAN: Sequence Generative Adversarial Nets with Policy Gradientcited by 375
- 2015DRAW: A Recurrent Neural Network For Image Generationcited by 190
- 2018FairGAN: Fairness-aware Generative Adversarial Networkscited by 164
- 2017MuseGAN: Multi-track Sequential Generative Adversarial Networks for Symbolic Music Generation and Accompanimentcited by 151
- 2019GANSynth: Adversarial Neural Audio Synthesiscited by 114
- 2017CAN: Creative Adversarial Networks, Generating "Art" by Learning About Styles and Deviating from Style Normscited by 96
- 2016DeepBach: a Steerable Model for Bach Chorales Generationcited by 90
- 2020Deep Learning for Procedural Content Generationcited by 73
- 2021Addressing "Documentation Debt" in Machine Learning Research: A Retrospective Datasheet for BookCorpuscited by 46
- 2020Inclusive GAN: Improving Data and Minority Coverage in Generative Modelscited by 44
- 2016Music transcription modelling and composition using deep learningcited by 36
- 2018Deep-speare: A Joint Neural Model of Poetic Language, Meter and Rhymecited by 35
- 2019PPGAN: Privacy-preserving Generative Adversarial Networkcited by 34
- 2021Creativity and Machine Learning: A Surveycited by 21
- 2019Generalization in Generative Adversarial Networks: A Novel Perspective from Privacy Protectioncited by 19
Built on by
Citing papers per year: 2021: 1; 2022: 0; 2023: 13; 2024: 10; 2025: 4; 2026: 1.
29 papers.
Sort:
By area:
- 2023Adversarial Example Does Good: Preventing Painting Imitation from Diffusion Models via Adversarial Examplescited by 163
- 2023State of the Art on Diffusion Models for Visual Computingcited by 126
- 2023Foundation Models and Fair Usecited by 112
- 2023A Reproducible Extraction of Training Images from Diffusion Modelscited by 60
- 2023On the Creativity of Large Language Modelscited by 57
- 2024Design Principles for Generative AI Applicationscited by 57
- 2021CoProtector: Protect Open-Source Code against Unauthorized Training Usage with Data Poisoningcited by 39
- 2024Copyright Protection in Generative AI: A Technical Perspectivecited by 35
- 2023MoPe: Model Perturbation-based Privacy Attacks on Language Modelscited by 25
- 2023The AI Ghostwriter Effect: When Users Do Not Perceive Ownership of AI-Generated Text But Self-Declare as Authorscited by 22
- 2025On the Edge of Memorization in Diffusion Modelscited by 22
- 2023Toward General Design Principles for Generative AI Applicationscited by 20
17 more
- 2024ManiFPT: Defining and Analyzing Fingerprints of Generative Modelscited by 18
- 2024Training Diffusion Models with Federated Learningcited by 15
- 2023Reinforcement Learning for Generative AI: State of the Art, Opportunities and Open Research Challengescited by 10
- 2024Exploring the Use of Abusive Generative AI Models on Civitaicited by 9
- 2023Dual Use Concerns of Generative AI and Large Language Modelscited by 6
- 2023Privacy and Copyright Protection in Generative AI: A Lifecycle Perspectivecited by 6
- 2024Analysis and prevention of AI-based phishing email attackscited by 6
- 2025Generative AI in Depth: A Survey of Recent Advances, Model Variants, and Real-World Applicationscited by 5
- 2024Training Foundation Models as Data Compression: On Information, Model Weights and Copyright Lawcited by 4
- 2023Is the U.S. Legal System Ready for AI's Challenges to Human Values?cited by 2
- 2023Computational Copyright: Towards A Royalty Model for Music Generative AIcited by 2
- 2024Detecting Generative Parroting through Overfitting Masked Autoencoderscited by 1
- 2024Real-World Benchmarks Make Membership Inference Attacks Fail on Diffusion Modelscited by 1
- 2025WaterFlow: Learning Fast & Robust Watermarks using Stable Diffusioncited by 1
- 2025Causal Fingerprints of AI Generative Modelscited by 1
- 2024Psittacines of Innovation? Assessing the True Novelty of AI Creationscited by 0
- 2026SERUM: Simple, Efficient, Robust, and Unifying Marking for Diffusion-based Image Generationcited by 0
- 2026SERUM: Simple, Efficient, Robust, and Unifying Marking for Diffusion-based Image Generation11 Mar 2026
- 2025Generative AI in Depth: A Survey of Recent Advances, Model Variants, and Real-World Applications23 Oct 2025
- 2025Causal Fingerprints of AI Generative Models18 Sep 2025
- 2025On the Edge of Memorization in Diffusion Models25 Aug 2025
- 2025WaterFlow: Learning Fast & Robust Watermarks using Stable Diffusion15 Apr 2025
- 2024Real-World Benchmarks Make Membership Inference Attacks Fail on Diffusion Models4 Oct 2024
- 2024Training Foundation Models as Data Compression: On Information, Model Weights and Copyright Law18 Jul 2024
- 2024Exploring the Use of Abusive Generative AI Models on Civitai16 Jul 2024
- 2024Training Diffusion Models with Federated Learning18 Jun 2024
- 2024Analysis and prevention of AI-based phishing email attacks8 May 2024
- 2024Detecting Generative Parroting through Overfitting Masked Autoencoders27 Mar 2024
- 2024Psittacines of Innovation? Assessing the True Novelty of AI Creations17 Mar 2024
17 more
- 2024ManiFPT: Defining and Analyzing Fingerprints of Generative Models16 Feb 2024
- 2024Copyright Protection in Generative AI: A Technical Perspective4 Feb 2024
- 2024Design Principles for Generative AI Applications25 Jan 2024
- 2023Computational Copyright: Towards A Royalty Model for Music Generative AI11 Dec 2023
- 2023Privacy and Copyright Protection in Generative AI: A Lifecycle Perspective30 Nov 2023
- 2023MoPe: Model Perturbation-based Privacy Attacks on Language Models22 Oct 2023
- 2023State of the Art on Diffusion Models for Visual Computing11 Oct 2023
- 2023Is the U.S. Legal System Ready for AI's Challenges to Human Values?30 Aug 2023
- 2023Reinforcement Learning for Generative AI: State of the Art, Opportunities and Open Research Challenges31 Jul 2023
- 2023A Reproducible Extraction of Training Images from Diffusion Models15 May 2023
- 2023Dual Use Concerns of Generative AI and Large Language Models13 May 2023
- 2023Foundation Models and Fair Use28 Mar 2023
- 2023On the Creativity of Large Language Models27 Mar 2023
- 2023The AI Ghostwriter Effect: When Users Do Not Perceive Ownership of AI-Generated Text But Self-Declare as Authors6 Mar 2023
- 2023Adversarial Example Does Good: Preventing Painting Imitation from Diffusion Models via Adversarial Examples9 Feb 2023
- 2023Toward General Design Principles for Generative AI Applications13 Jan 2023
- 2021CoProtector: Protect Open-Source Code against Unauthorized Training Usage with Data Poisoning25 Oct 2021
- 2023Adversarial Example Does Good: Preventing Painting Imitation from Diffusion Models via Adversarial Examplescited by 163
- 2023State of the Art on Diffusion Models for Visual Computingcited by 126
- 2023A Reproducible Extraction of Training Images from Diffusion Modelscited by 60
- 2025On the Edge of Memorization in Diffusion Modelscited by 22
- 2024Training Diffusion Models with Federated Learningcited by 15
- 2025Generative AI in Depth: A Survey of Recent Advances, Model Variants, and Real-World Applicationscited by 5
- 2024Real-World Benchmarks Make Membership Inference Attacks Fail on Diffusion Modelscited by 1
- 2025WaterFlow: Learning Fast & Robust Watermarks using Stable Diffusioncited by 1
- 2026SERUM: Simple, Efficient, Robust, and Unifying Marking for Diffusion-based Image Generationcited by 0
- 2026SERUM: Simple, Efficient, Robust, and Unifying Marking for Diffusion-based Image Generation11 Mar 2026
- 2025Generative AI in Depth: A Survey of Recent Advances, Model Variants, and Real-World Applications23 Oct 2025
- 2025On the Edge of Memorization in Diffusion Models25 Aug 2025
- 2025WaterFlow: Learning Fast & Robust Watermarks using Stable Diffusion15 Apr 2025
- 2024Real-World Benchmarks Make Membership Inference Attacks Fail on Diffusion Models4 Oct 2024
- 2024Training Diffusion Models with Federated Learning18 Jun 2024
- 2023State of the Art on Diffusion Models for Visual Computing11 Oct 2023
- 2023A Reproducible Extraction of Training Images from Diffusion Models15 May 2023
- 2023Adversarial Example Does Good: Preventing Painting Imitation from Diffusion Models via Adversarial Examples9 Feb 2023
- 2023Foundation Models and Fair Usecited by 112
- 2023On the Creativity of Large Language Modelscited by 57
- 2024Design Principles for Generative AI Applicationscited by 57
- 2024Copyright Protection in Generative AI: A Technical Perspectivecited by 35
- 2023MoPe: Model Perturbation-based Privacy Attacks on Language Modelscited by 25
- 2023The AI Ghostwriter Effect: When Users Do Not Perceive Ownership of AI-Generated Text But Self-Declare as Authorscited by 22
- 2023Toward General Design Principles for Generative AI Applicationscited by 20
- 2024ManiFPT: Defining and Analyzing Fingerprints of Generative Modelscited by 18
- 2023Reinforcement Learning for Generative AI: State of the Art, Opportunities and Open Research Challengescited by 10
- 2024Exploring the Use of Abusive Generative AI Models on Civitaicited by 9
- 2023Dual Use Concerns of Generative AI and Large Language Modelscited by 6
- 2024Analysis and prevention of AI-based phishing email attackscited by 6
12 most cited of 18 All 18 (JSON)
- 2025Causal Fingerprints of AI Generative Models18 Sep 2025
- 2024Training Foundation Models as Data Compression: On Information, Model Weights and Copyright Law18 Jul 2024
- 2024Exploring the Use of Abusive Generative AI Models on Civitai16 Jul 2024
- 2024Analysis and prevention of AI-based phishing email attacks8 May 2024
- 2024Detecting Generative Parroting through Overfitting Masked Autoencoders27 Mar 2024
- 2024Psittacines of Innovation? Assessing the True Novelty of AI Creations17 Mar 2024
- 2024ManiFPT: Defining and Analyzing Fingerprints of Generative Models16 Feb 2024
- 2024Copyright Protection in Generative AI: A Technical Perspective4 Feb 2024
- 2024Design Principles for Generative AI Applications25 Jan 2024
- 2023Computational Copyright: Towards A Royalty Model for Music Generative AI11 Dec 2023
- 2023MoPe: Model Perturbation-based Privacy Attacks on Language Models22 Oct 2023
- 2023Is the U.S. Legal System Ready for AI's Challenges to Human Values?30 Aug 2023
12 newest of 18 All 18 (JSON)