It has been called ‘the greatest art theft in the world’: training generative AI models based on works (music, images, texts) created by living artists and/or still protected by copyrights. Worldwide, actions are now being organized by artists to draw attention to this issue: earlier this year, the European Writers’ Council published a statement calling, among other things, for greater transparency and compensation for creators.
Opt-out by artists for AI training with their work
Even if training is legally permitted, for example based on (European) legislation regarding Text & Data Mining, or as in the United States under the ‘fair use’ principle, the question remains how fair it is that major tech companies can generate billions without any compensation for the creators.
As long as such compensation is not or barely arranged, many creators – despite recognizing the positive aspects and possibilities of working with (generative) AI – choose the option to exclude their work from AI training (‘opt-out’), for example through the Opt-Out Now! campaign by the Federation of Image Rights.
Reuse of Erwin Olaf's work by AI
But not all creators view the training of AI models with their work in the same way. For instance, the artist Erwin Olaf, who passed away in 2023, chose not to opt-out of AI training for his work but instead to make his work freely available for such training. Shirley den Hartog, manager of Studio Erwin Olaf, explains why: "Before his passing, we discussed that it would be very beautiful if people worldwide continued to engage with his work." Through reuse, the work and philosophy of Erwin Olaf endure.
There is also another reason why opting out was not chosen. Erwin Olaf created work from his intrinsic identity as an artist: as a photographer, he infused his creativity, personal issues, and societal problems into his artworks, creating something unique. An image made with an AI tool ‘in the style of’ is not art, according to Shirley; it is merely a picture: the personal stamp of the artist is missing. That ‘personal stamp’ is precisely one of the conditions for copyright protection of a work. Incidentally, ‘style’ is something that (in principle) is not protected by copyright.
The reuse of Olaf's work by others using AI also ensures that there remains a market for his own work: you can almost see it as a marketing tool that promotes and continues to promote his work.
At Studio Erwin Olaf, they are also aware of the concerns that AI raises among many creators. For example, the fear that AI will cause a (significant) part of their work to disappear in the future. Not only photographers but also voice actors and writers share these concerns.
Homage to Erwin Olaf
This is indeed evident from the Erwin Olaf-like work that digital artist Arjen Roos created shortly after Erwin Olaf's passing using AI tools: he regards these images as a tribute to the photographer. Additionally, there are various tools that make it quite easy to create work in the style of Erwin Olaf. For example, the Artvy tool offers you ‘Erwin Olaf AI Art Style Inspiration,’ where they also provide a brief explanation of the artist's work and some characteristic elements of his creations. You can have your opinions about it, but it is also true that Olaf's work continues to generate attention through this channel.
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