Of Fan Art and AI: A Tale of Conflicting IP Standards

Fan art for J.S. Morin’s space opera franchise, the Black Ocean, featuring an imperfect depiction of the character named Esper. Image created by Karistina Lafae using Midjourney and Paint Shop Pro.

The advent of what may later be dubbed “the AI age” or the “birth of AI” is a contentious one. Many people — from working artists integrating new generative AI tools into their workflow and writers using their words to literally “paint” pictures instead of only metaphorically doing so to amateurs who only want to make generative art for personal entertainment or inexpensive art therapy — are being harassed even to the point of death threats for what AI opponents contend is a “clear-cut case” of “art theft.”

Meanwhile, a vibrant community of independent artists who use a variety of traditional art tools to make a living from fan art commissions is almost universally embraced by other working artists and traditional artists, despite the clear and intentional violation of the intellectual property rights of the creators of each original fandom franchise.

Fan art for Jim Butcher’s urban fantasy series, the Dresden Files, referencing a phrase used by the main character’s tiny fairy minions. Image created by Karistina Lafae using Midjourney and Paint Shop Pro.

For those vocal opponents of AI art tools who celebrate the existence of and/or are part of the fan artist community, there is unquestionably an aspect of intellectual dishonesty and/or cognitive dissonance required to simultaneously hold these two positions.