Keywords: Art & Technology, Art & Design, Artificial Intelligence, Copyright, Sustainable Development
As part of the academic knowledge-sharing series under the ArtTech Fusion event hosted by the University of Economics Ho Chi Minh City (UEH), the panel discussion titled “AI Creativity: Ethical Dilemmas and Copyright Challenges” offered new perspectives on artistic creativity in the era of artificial intelligence. Experts shared insights on AI’s breakthrough potential in art, from generating hyper-realistic images to composing music and literature, while addressing ethical standards and copyright challenges. The panel analyzed the impact of these issues on the ArtTech community, proposing efforts toward sustainability in this rapidly evolving field.
The special session was chaired by Professor Andrea Giansanti from the Pantheon Institute of Design & Technology (Italy), featuring speakers Mr. Le Gia Phong (Co-founder of Future Eyes), Mr. Nguyen Khoa My (President of the Vietnam Public Relations Association – VNPR), and Dr. Irina Shchemeleva from Harbour Space University (Spain/Thailand). The discussion presented multi-dimensional views on AI’s potential in art, while diving into ethical and copyright challenges amid technological advancements.
Who is the True Creator?
One of the most pressing questions raised: Who should be recognized as the author of an AI-generated work? Is it the complex algorithm behind the creative process, or the person who provided the data and direction?
According to traditional copyright law, authorship belongs to the creator who contributes intellectual input. However, with AI, the line between human and machine becomes blurred. Can an algorithm be considered a “creator”?
The issue becomes more complex as these algorithms are often trained on large datasets, raising concerns about potential infringement on original creators’ copyrights. Determining ownership of AI-generated works also presents challenges. If a company develops the AI, does it own all outputs generated by the algorithm? Or does ownership belong to the user of the AI tool?
Recently, Wacom—renowned for its digital drawing tablets—sparked controversy by using AI-generated images in its marketing campaign. Critics accused the company of “betraying” artists by replacing human creativity with AI. Although Wacom eventually removed the images, the incident raised significant concerns about tech companies’ roles in protecting artists’ rights and upholding genuine creativity in digital art.
Alongside ethical debates, AI’s rapid evolution challenges traditional copyright laws. One key issue is the legality of using publicly available data for AI training. This has led to major legal disputes demanding legislative adjustments to define clear boundaries for data usage.
A prominent case is Getty Images suing Stability AI for allegedly scraping and using their copyrighted images for AI training. Getty argues this unauthorized use caused financial harm and violated their intellectual property rights. Stability AI countered, claiming it only utilized publicly available images. The outcome of this lawsuit is expected to significantly influence future practices of AI companies regarding data usage from the internet. According to tech news outlet The Verge, the verdict could redefine legal limits on public data usage for AI development.
The “fair use” principle considers four factors to assess whether a work’s use is reasonable: (1) purpose and character of the use, (2) nature of the original work, (3) the amount used, and (4) the impact on the original work’s market value. However, applying these criteria remains highly challenging in the AI era.
What Truly Counts as Creativity?
Human creativity is deeply tied to uniqueness, intention, and emotional expression. In contrast, AI generates outputs based on algorithms and data, lacking emotional depth and philosophical meaning. This diminishes the cultural and emotional value of art as a reflection of human experience. If art ceases to mirror human experience, does it lose its cultural significance?
Human-created art embodies inner exploration, spontaneous inspiration, and emotional struggles—elements that give art its unique value. AI, while capable of producing polished, visually appealing works, lacks the unpredictability, curiosity, and personal touch that only humans can infuse. This poses a significant challenge for artists: how to preserve the “human essence” in art while leveraging AI’s capabilities to expand creative possibilities.
Protection and Collaboration
One current solution is using protective tools like Glaze, which subtly alters artworks in ways imperceptible to the human eye but confound AI’s ability to replicate the original style. This is a crucial step in safeguarding artists’ rights amidst AI’s rise.
In the future, rather than viewing AI as a threat, it can be seen as a collaborative tool. AI can handle technical tasks and data analysis, while humans provide meaning, emotion, and unique creativity. This collaboration could foster entirely new creative styles, blending human ingenuity with technological power.
However, for this synergy to be effective, artists need education and resources to use AI ethically and creatively. Artistic communities should also encourage open dialogues and knowledge-sharing to ensure equitable access to AI technologies.
As AI coexists with humans in the art world, the greatest challenge lies not in technology itself, but in how we define each party’s role. Will AI become a competitor or a creative companion? The answer depends on how we regulate and utilize AI to serve artistic and cultural values. Striking a balance between protection, exploration, and creativity is key to ensuring sustainable artistic growth in the digital age.
Students and Ethical Lessons in AI-Driven Creativity
The panel encouraged students to actively engage in discussions about ethical and legal aspects of AI in artistic creation. Speakers emphasized that while AI supports creative processes, adherence to ethical standards and copyright laws remains paramount.
Through the session, students gained deeper insights into AI’s impact on art and understood that responsible AI usage is fundamental to sustainable creative development.
The discussion clarified that despite AI’s immense potential, it poses significant challenges to creative industries. While AI can generate new works, lacking humanity and copyright compliance could lead to detrimental effects, particularly for artists. The emphasis on responsibility and human values in creativity left a strong impression, motivating students to pursue their creative journeys thoughtfully, blending technology and art in sustainable and ethical ways.
| As part of the growing ArtTech field, the annual international ArtTech Fusion (ATF) series is hosted by the ArtTech Hub (ATH), in collaboration with UEH School of Technology and Design (CTD), University of Economics Ho Chi Minh City (UEH), and various domestic and international partners, with different themes each year. In 2024, the ArtTech Fusion series was organized under the theme “New ArtTech for Future Generations,” aiming to ignite and promote creative thinking and innovative actions of future generations, contributing to building a sustainable society. Over three days (October 22–24, 2024), ATF24 featured more than 30 academic and practical activities, including 5 keynote speeches, 10 special sessions, 5 parallel research presentation sessions, 5 workshops, 1 academic book chapter publication, 9 exhibitions, 1 heritage connection trip, and 1 tangible performance. In 2025, the fourth ArtTech Fusion (ATF25) will be held with the theme “Co-Creation for a Wondrous Future,” scheduled for September 24–26, 2025. This will be an opportunity to explore, experience, connect, and create within the wondrous world of art and new technologies towards a sustainable future. For updates on ATF25, please visit: Website: https://ath.ueh.edu.vn/ Fanpage: https://www.facebook.com/ueh.arttechhub. |
Author: MSc. Nguyen Le Son Trang – School of Media Design, University of Economics Ho Chi Minh City (UEH)
This article is part of UEH’s “Research Contribution For All” series, sharing research and applied knowledge with the message “Research for the Community.” We cordially invite readers to follow the next issue of UEH Research Insights.
News, images: Author, UEH Communications and Partnership Development Department
