AI and Copyrighted Visual Works

By Brent E. Zepke, Esq.

AI, or Artificial intelligence, is a new technology that uses computers to create systems capable of performing tasks typically requiring human intelligence.

New technologies tend to be “disruptors” by permitting the users of computers to “disrupt” the existing rights of the creators of the written, visual or audio works.

The threat of AI disrupting the rights to written works was discussed in my article “AI and Copyrighted Written Works,” SBCurrent March 24, 2026.

Visual works include painting, photographs, video and film.

Paintings

Santa Barbara (SB) has an enthusiastic painting community.

For example, on April 25, 2026, the Santa Barbara Museum of Art (SBMA) is celebrating its “75 Years of Integrating Art and Life” through its SBMA Ambassadors program with an evening of dinner and dancing to honor a legacy that began in 1951 of the SBMA bringing into SB paintings of artists’ representations of other parts of the world.

During those 75 years, another way of “integrating art and life” emerged in which SB artists share their representations of SB with the SB community and the world through Plein Air painting.

“Plein” is a French word meaning “full,” “filled,” or “a lot of” (masculine form, feminine is pleine). The phrase plein air refers to “open air/outdoors.”

Plein Air painting is the practice of painting outdoors in order to capture light, atmosphere, and scenes, directly from nature. It was popularized by 19th-century Impressionists as a quick, Alla Prima (wet-on-wet) technique to finish pieces in one sitting. Essential gear includes a portable easel (pochade box).

While taking painting courses at Santa Barbara Community College (SBCC) I became aware of the SB organizations of Plein Air painters, including:

The Southern California Arts Painting for the Environment (SCAPE) that has exhibits at The Music Academy of the West in the Fall,

The Goleta Valley Arts Association that has exhibits at the Goleta Valley Library,

The Santa Barbara Art Association (SBAA) that has gallery 113 at 8 La Arcada, 1114 State Street and exhibits at such places as the Faulkner Gallery and the Voice Gallery.

“Paint Outs” at the Carpentaria Bluffs both in and out of seal mating season, the UCSB boughs, the “bridge to nowhere, various locations around San Ynez, Goleta beach, Hendry’s Beach, Refugio Beach, Gaviota Beach, to name a few, alerted me that their art reflects the prism through which the artist not only sees but “feels” the subject.

While SBMA share artist visions of the world away from SB, and SB Plein Air painters share their vision of SB with the world, they have both faced the question:

Will AI violate the artist’s rights?