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Detail of a high rise in Montreal. By Phil Deforges at https://unsplash.com/photos/ow1mML1sOi0

Of Prompts and Pixels: Making Room for the AI Artist

In light of the growing number of publicly available text-to-image artificial intelligence systems, law and policy makers may soon be expected to address emerging questions regarding regulation, ethical accountability, and intellectual property claims. But from these broader societal concerns also emerges the plight of the individual artist, who bears not only the economic implications of this penchant towards the mass-production of art but also the existential threat of dispensability.

Text-to-Image AI Systems

A Text-to-Image system uses artificial intelligence to produce an image based exclusively on the input of a collection of words by a human user. Programs will yield different stylistic interpretations of such text, depending on the system and the depth and breadth of the data it uses. One of the most powerful examples to date of a text-to-image system is Googleā€™s which is known for its remarkable photorealism as well as its impressive degree of linguistic interpretation. Its research team in May 2022 detailing key discoveries made to improve the quality of the systemā€™s photorealistic image generation, featuring remarkable examples of picture creations from phrases like ā€œā€ and ā€œā€.

Another well-known text-to-image system is OpenAIā€™s , introduced in January 2021, whose original capabilities, according to its website, included ā€œcreating anthropomorphized versions of animals and objects, combining unrelated concepts in plausible ways, rendering text, and applying transformations to existing images.ā€

Systems such as Imagen and ¶Ł“”³¢³¢āˆĶÖ are backed by well-funded companies and their abilities are increasing rapidly with ongoing research and development. For instance, ¶Ł“”³¢³¢āˆĶÖā€™s successor, , was announced the following year in April 2022, and already can generate of significantly greater resolution and accuracy, four times as detailed as the original system.

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Public Use and Open-Sourcing

Google has thus far not released any code or a public demo for Imagen, regarding potential misuse. One of the areas of ongoing research is concerned with creating a responsible use framework that they claim will eventually facilitate an unrestricted open sourcing of the program.

OpenAI has noted regarding risks but ¶Ł“”³¢³¢āˆĶÖ does have a where anyone can sign up for a chance to try the program. As of July 20th, 2022, OpenAIā€™s that one million users will be invited to have the opportunity create using ¶Ł“”³¢³¢āˆĶÖ for free with a certain amount of credits, with the opportunity to purchase additional credits.

The open-source policies of other existing text-to-image AI systems stand in radical opposition to Imagen and ¶Ł“”³¢³¢āˆĶÖ such as and , the latter of which was just released to the public on August 22nd, 2022. For these companies, their text-to-image AI systems are completely open for the public at large to use freely. Both companies have stated that their purposes centre around developing tools to empower as many people as possible to be creators and to access this new technology.

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Pledges of Responsibility and Current (Mis)Use

In support of their decision to not yet publicly release Imagen, Google researchers have undergone audits of Imagenā€™s training datasets and note that they ā€œtend to reflect social stereotypes, oppressive viewpoints, and derogatory, or otherwise harmful, associations to marginalized identity groupsā€.

¶Ł“”³¢³¢āˆĶÖ, for its part, claims to have removed explicit content from its training data so as to minimize the systemā€™s exposure to harmful violent or hateful concepts. They also have worked to prevent photorealistic iterations of real peopleā€™s faces, particularly citing the concern of public figures and celebrities. For the release of ¶Ł“”³¢³¢āˆĶÖ 2, researchers from OpenAI also published a that summarizes the initial findings of a risk analysis, notably citing concerns with generation of harmful content as well as biased training data.

For the select few users of ¶Ł“”³¢³¢āˆĶÖ, OpenAI further requires all to adhere to their which prohibits non-G-rated or harmful image creation and sharing. The policy also mandates honest disclosure about AI involvement and respecting the rights of others, regarding both consensual image use and usage rights. The website further claims that it will act accordingly to violations of these rules, at most terminating the transgressorā€™s account.

The open access programs however have thus far been less proactive and more reactive regarding such concerns.

The team at Stable Diffusion, like Midjourney, has that they intend for the programā€™s ethical use but they have instituted limited barriers preventing users from maliciously exploiting the vast capabilities of these programs. According to a , upon the public release of Stable Diffusion, multiple threads of AI-generated deepfakes of nude celebrity photos appeared on the image-based forum, 4chan, whilst Reddit also has already had to ban numerous online communities dedicated to posting AI-created ā€œNot Safe For Workā€ imagery. The CEO of Stability AI, Emad Mostaque, called the 4chan incident ā€œunfortunateā€ and claimed the company was further working on improved safety mechanisms.

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Paths to Policy

The current regulatory approach trends towards an enabling framework that leaves companies to tackle questions of both access and risk-management. The lack of restriction may prove positive with respect to companies such as Google and OpenAI, both of whom model a more sustainable approach for accountability from within a framework of experimentation and innovation. Their comprehensive research efforts facilitate close scrutiny of their systems capabilities alongside their conservative distribution policies.

The weakness of the laissez-faire policy approach however becomes clearer when considering the consequences of unfettered access to these open-sourced systems. In the absence of intervention from law and policymakers, open systems with unrestricted training data has implications for privacy violations from non-consensual image use and could easily exacerbate existing systemic biases if left unchecked. Unfiltered training data also raises questions in copyright as Stable Diffusion currently does not filter copyrighted works from its training data, which has already resulted in the imitation of distinct artistic styles and artists have begun to regarding copying.

Though the technology (and its public access) is in early days yet, its increasing capabilities and rapid open sourcing thus ultimately demand that these questions be addressed sooner rather than later by law and policymakers.

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Artists of the Future

While this sudden onslaught of these powerful systems does demand close regulatory scrutiny, one cannot deny that using AI to enhance the creative arts does open plenty of doors as well. Improving greater accessibility to the arts is indeed one such benefit ā€“ it could facilitate a world where anyone with any background can be a creator, especially given that AI has been engaged in other art forms including , , , and even .

The further one travels down this path however, the more that the term ā€œAI-created Artā€ becomes a non-sequitur. As creation is delegated to the work of a tool, ā€œartā€ increasingly becomes a trivial commodity, void of the human individuality that ultimately gives it its expressive and meaningful quality.

Indeed, instances of the ā€œAI Artistā€ already have been making waves. On August 29th, 2022, artist Jason Allenā€™s , created in large part using Midjourney, took the $300 first prize in the fine arts category at the Colorado State Fair. The winning submission, a portrait of three long-robed staring into a heavenly landscape, was so detailed that its digital origins were able to pass completely undetected by the judges. One of the judges, even after learning of the workā€™s origins claimed she would not have changed her ranking and stated that Allen ā€œhad a concept and a vision he brought to reality, and itā€™s really a beautiful piece.ā€

As we do continue to engage with these highly proficient digital creators, so too must we be prepared to answer the questions demanded by accountability and confront the consequences borne of artistic commodification.

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