Use of fine artworks in image generator artificial intelligence training: A legal examination of copyright infringements

Artificial Intelligence Art, while providing benefits to artists with assistive and analytical tools, also endangers the profession's income and future by producing outputs similar to theirs with Image Generation tools like Stable AI, DeviantArt, and DALL-E. The similarity of the outputs stems from the use of reproductions of works created digitally or transferred from the physical environment to the digital environment in the training of these tools. In December 2022, artists reacted to the sale of outputs generated by Image Generation tools in their own market with the campaign "No to AI Generated Images". In our study, we will first address the concepts of Artificial Intelligence and Big Data and explain how Artificial Intelligence performs Image Generation. Then, we will examine whether the reproduction of fine artworks for use in Artificial Intelligence training violates the reproduction rights of artists according to US, EU, and Turkish law. Finally, we will present our legal suggestions for the solution to this problem. Keywords: "No to AI Generated Images" Campaign, AI Art, Image Generation tools, AI training, fine artworks, reproduction right infringement