Japan Photographers Association expresses concerns regarding photography and generative AI images
On August 23, 2023, the Japan Photographers' Association (日本写真家協会), a public interest corporation, expressed concerns regarding photos taken with cameras and generative artificial intelligence (AI) images.
Currently, while the advancement/distribution, and use of generative AI technology is attracting great social attention, it is difficult to distinguish between photos taken with a camera and generative AI images.
Generative AI images can create images without using
professional technology, which has led to social problems like spreading fake
images. Due to the rapid evolution of technology, the maintenance of social
rules has not been able to keep up with the evolution of technology.
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The Japan Photographers Association states that it is concerned about the following issues from the perspective of photography experts.
(1) Distinction
between photos and generative AI images
A subject is needed to take a photo, but generative AI
images that do not directly require a subject are presumed to be similar to
illustrations or collages, so although photos and generative AI images look the
same on the surface, they can be completely different in reality.
With the emergence of technology that can automatically combine one's own photos with other people's copyrighted works using only verbal instructions, it is necessary to consider the expressiveness and authorship of photos created and processed using AI, Furthermore, reexamination and discussion of various situations are needed including the entry rules for photo contests, etc.
(2) The need to revise the Copyright Act following the
emergence of generative AI
An image created by generative AI can be presumed to be
equivalent to ‘creating a secondary work’1) in that it creates a new image
based on the original work. However, there is a problem that it is impossible
to determine what the original work is, and this can act as a serious crisis
for the author. Therefore, for secondary works created using generative AI, the
'author's name or source of the original work' is required. Also, there is a
need to consider establishing an obligation to specify the user name (secondary
author name). It is necessary to consider revisions such as reexamining 'Article
30-4'2) of the Japanese Copyright Act, which partially legalizes the recording
and reproduction of copyrighted works by platforms, or imposing an obligation
to establish a system to find and display original works used in generated AI
images on platforms, etc.
2) Through the revision of the Copyright Act in 2018, Japan
has changed the provisions of Article 30-4 of the Copyright Act (Use other than
the purpose of enjoyment of the thoughts or emotions expressed in the work) to
allow the enjoyment of the thoughts or emotions expressed in other people's
works by oneself or to others. It is stipulated that if the purpose is not to
allow others to enjoy it, it can be used in any way to the extent deemed necessary.
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