Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

A: This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.

AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright regardless of the original's copyright status. → so you can possibly get a copyright for a handpainted repro of an AI generated image.

Just my thoughts. Don't rely on it for more weight than your laptop can carry.

A: … further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility of statutory damages under a copyright claim).

A: Your question touches on an interesting intersection of copyright law, terms of service, and artistic reproduction. While computer-generated images themselves may not be eligible for copyright protection, the platform's terms of service create a binding agreement when you use their service. By agreeing to their terms, you're contractually bound to follow their usage restrictions, regardless of broader copyright laws.

Creating hand-painted reproductions of images generated through their platform would likely violate those terms of service if they explicitly prohibit such use. This could potentially expose you to legal action for breach of contract, even though copyright law might not protect the original images. The platform could argue you're violating their user agreement by reproducing and selling works created through their service.

Consider developing your own original artwork or finding platforms with more permissive terms that explicitly allow commercial use and reproduction of generated images. Many services offer commercial licenses or have clear terms allowing artists to build upon generated works. You might also explore collaborating directly with other artists or working from reference materials that are explicitly licensed for commercial use and reproduction.