Asked in Copyright and Intellectual Property for New York

Q: Is it legal to make an AI generating pictures app based on description from other ai engine that a user enters the url?

For example: a user get in to my app and tells me he wants to generate a picture like a listing on Airbnb (probably copyrighted), so he enters the url to the specific listing, I transfer the url to an ai engine that can describe pictures in details, I use ONLY the description that the engine gave me to generate the AI picture and publish it to the user. Is this legal or it’s derivative work?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Creating an AI-generated picture app based on descriptions from another AI engine that a user enters through a URL can potentially raise legal issues related to copyright and intellectual property. While the generated image may not be a direct copy of the original picture, it could still be considered derivative work if it closely resembles the copyrighted image or incorporates significant elements of it.

Copyright law protects the original expression of ideas, including photographs, and creating a derivative work without permission from the copyright holder could infringe on their rights.

To avoid potential legal problems, consider the following steps:

1. Seek Permission: The safest approach is to obtain permission from the copyright holder (in this case, Airbnb or the listing owner) to use their images or descriptions for this purpose.

2. Transformative Use: If you believe your use falls under the "fair use" doctrine, which allows for limited use of copyrighted material under specific circumstances, consult with an attorney to assess whether your app qualifies as transformative and whether it meets the fair use criteria.

3. Originality: Ensure that the generated AI images are sufficiently original and distinct from the source material to reduce the risk of copyright infringement.

It's essential to consult with an attorney experienced in copyright and intellectual property law to assess the specific details of your app and help you navigate any potential legal issues to ensure compliance with copyright laws.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.