Generative AI; artificial intelligence; AI Act; regulation; rules of origin; lemons problem; copyright; Generative Artificial Intelligence
Abstract :
[en] When an art buyer cannot establish with certainty the origin of the work, namely when there is a risk that the purchase transaction concerns a forgery and not a genuine artwork, the buyer adjusts her willingness-to-pay based on the average probability that the artwork is authentic. Given that the artistic outputs of generative artificial intelligence system are indistinguishable from human-made ones, this blogpost argues there is a risk that the latter will be devalued. This would be especially true given that the market value of machine-enabled artwork is expected to be lower than the human-made one. Art authentication could solve the problem, but law- and policymakers should be aware that such rule of origin cannot be dyadic given that some machine-enabled artworks owe their existence more to the human user of GenAI than others.
