Summary: The Ghibli-style trend sweeping through social media has raised key questions around copyright infringement, as discussed in this note.
There is no doubt that artificial intelligence has introduced a whole new world to us, every turn a surprise. The new kid on the block this week has been Ghibli-style portraits. What began as a quirky trend of using AI to generate images in the style of Studio Ghibli has rapidly evolved into a full-fledged social media phenomenon. Celebrities, influencers, and even companies are now jumping onto the bandwagon.
What is the Ghibli trend: Studio Ghibli is a renowned Japanese animation studio celebrated for its breathtaking films, including 'Castle in the Sky', 'Grave of the Fireflies', 'Spirited Away', and 'My Neighbor Totoro'. For fans of cinematic art, witnessing the Ghibli-style trend – where AI is being used to create images in the likeness of the studio's unique style – can be truly overwhelming, as the studio's work has always been held in high esteem.
How it started: The phenomenon began when OpenAI unveiled a revolutionary new model capable of transforming images. With this technology, users can restore old family photos, render themselves in their favourite animation style, or even generate lifelike images of celebrities in humorous situations. As a result, people are uploading their selfies and family photos to create Ghibli-inspired masterpieces with just the click of a button.
But the immense popularity of this tool has led to technical challenges. OpenAI CEO Sam Altman acknowledged that the company's graphics processing units (GPUs) are overheating, prompting a temporary introduction of rate limits. Separately, many artists are voicing disapproval over the use of this technology, arguing that it undermines the value of their work. They believe that the ease with which such images can be generated disrespects the time and effort artists invest in creating original pieces.
Has OpenAI violated copyright?: From an intellectual property (IP) perspective, this viral trend has sparked copyright concerns and reignited the debate over AI mimicking the creative work of artists. It raises familiar questions that the legal fraternity has been discussing for several months already: e.g., what are the copyright infringement implications of scraping the web or crawling databases, and using copyrighted materials to train AI models?
Several countries, including India (in the live matter of ANI Media v. Open AI ongoing in the Delhi High Court), are grappling with the fundamental question of whether AI developers can be held liable for using copyrighted materials to train their models. In the present trend of Ghibli-style portraits, an important consideration is the longstanding and widespread unauthorized copying of anime generally. A notable example is Disney-themed filters on the instant messaging service Snapchat, which, although created for entertainment purposes, were used without the explicit permission of The Walt Disney Company. This phenomenon highlights the ongoing challenge of protecting IP rights in the digital age.
Arguably, this trend may fall into a gray area of copyright law, but it nevertheless invites consideration of key questions in copyright infringement, including the following:
- Transformative vs. Derivative Works: In the present case, it becomes essential to distinguish between content that merely draws inspiration from Ghibli's aesthetic (e.g., soft colours, whimsical settings, nostalgic themes) and works that directly copy copyrighted characters, scenes, or animation styles.
- Direct Copying: Replicating specific Ghibli scenes, characters, or animation styles without permission may constitute copyright infringement outright.
- Fair Use: In some cases, using Ghibli-style elements for parody, commentary, or education may be protected under fair use provisions. However, this exception is not absolute and requires careful evaluation, and often, case-to-case assessment.
- Commercial Use: If organizations or companies profit from using Ghibli-style designs on merchandise or services, it may infringe Studio Ghibli's copyright.
The level of similarity and potential competition with or diminishment of Studio Ghibli's market share will be crucial factors in determining infringement, if questions are brought up before adjudicating authorities. Although Studio Ghibli has not issued any statement yet, given its long history of protecting its IP, crossing the line into clear copying may result in legal action. It is likely that the animation company is keeping a close eye on developments and usage, and will take action if and when necessary. Ultimately, whether an infringement has taken place will depend on the level of similarity and whether it competes with or diminishes Studio Ghibli's market.
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