• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises

2

Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that

3

Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers

1

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises

2

Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that

3

Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers
TechAI

‘I had rent due yesterday, and I’m $200 short’: One of the first artists to sue OpenAI speaks out about how ‘desperate’ they feel

By
Jocelyn Noveck
Jocelyn Noveck
,
Matt O'Brien
Matt O'Brien
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Jocelyn Noveck
Jocelyn Noveck
,
Matt O'Brien
Matt O'Brien
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
August 31, 2023, 5:53 AM ET
An artificial intelligence paints a portrait of a woman
Lawsuit against Artificial Intelligence companies allege they have infringed on artists' copyrightGetty Images

Kelly McKernan’s acrylic and watercolor paintings are bold and vibrant, often featuring feminine figures rendered in bright greens, blues, pinks and purples. The style, in the artist’s words, is “surreal, ethereal … dealing with discomfort in the human journey.”

Recommended Video

The word “human” has a special resonance for McKernan these days. Although it’s always been a challenge to eke out a living as a visual artist — and the pandemic made it worse — McKernan now sees an existential threat from a medium that’s decidedly not human: artificial intelligence.

It’s been about a year since McKernan, who uses the pronoun they, began noticing online images eerily similar to their own distinctive style that were apparently generated by entering their name into an AI engine.

The Nashville-based McKernan, 37, who creates both fine art and digital illustrations, soon learned that companies were feeding artwork into AI systems used to “train” image generators — something that once sounded like a weird sci-fi movie but now threatens the livelihood of artists worldwide.

“People were tagging me on Twitter, and I would respond, ’Hey, this makes me uncomfortable. I didn’t give my consent for my name or work to be used this way,’” the artist said in a recent interview, their bright blue-green hair mirroring their artwork. “I even reached out to some of these companies to say ‘Hey, little artist here, I know you’re not thinking of me at all, but it would be really cool if you didn’t use my work like this.’ And, crickets, absolutely nothing.”

McKernan is now one of three artists who are seeking to protect their copyrights and careers by suing makers of AI tools that can generate new imagery on command.

The case awaits a decision from a San Francisco federal judge, who has voiced some doubt about whether AI companies are infringing on copyrights when they analyze billions of images and spit out something different.

“We’re David against Goliath here,” McKernan says. “At the end of the day, someone’s profiting from my work. I had rent due yesterday, and I’m $200 short. That’s how desperate things are right now. And it just doesn’t feel right.”

The lawsuit may serve as an early bellwether of how hard it will be for all kinds of creators — Hollywood actors, novelists, musicians and computer programmers — to stop AI developers from profiting off what humans have made.

The case was filed in January by McKernan and fellow artists Karla Ortiz and Sarah Andersen, on behalf of others like them, against Stability AI, the London-based maker of text-to-image generator Stable Diffusion. The complaint also named another popular image-generator, Midjourney, and the online gallery DeviantArt.

The suit alleges that the AI image-generators violate the rights of millions of artists by ingesting huge troves of digital images and then producing derivative works that compete against the originals.

The artists say they are not inherently opposed to AI, but they don’t want to be exploited by it. They are seeking class-action damages and a court order to stop companies from exploiting artistic works without consent.

Stability AI declined to comment. In a court filing, the company said it creates “entirely new and unique images” using simple word prompts, and that its images don’t or rarely resemble the images in the training data.

“Stability AI enables creation; it is not a copyright infringer,” it said.

Midjourney and DeviantArt didn’t return emailed requests for comment.

Much of the sudden proliferation of image-generators can be traced to a single, enormous research database, known as the Large-scale Artificial Intelligence Open Network, or LAION, run by a schoolteacher in Hamburg, Germany.

The teacher, Christoph Schuhmann, said he has no regrets about the nonprofit project, which is not a defendant in the lawsuit and has largely escaped copyright challenges by creating an index of links to publicly accessible images without storing them. But the educator said he understands why artists are concerned.

“In a few years, everyone can generate anything — video, images, text. Anything that you can describe, you can generate it in such a way that no human can tell the difference between AI-generated content and professional human-generated content,” Schuhmann said in an interview.

The idea that such a development is inevitable — that it is, essentially, the future — was at the heart of a U.S. Senate hearing in July in which Ben Brooks, head of public policy for Stability AI, acknowledged that artists are not paid for their images.

“There is no arrangement in place,” Brooks said, at which point Hawaii Democratic Sen. Mazie Hirono asked Ortiz whether she had ever been compensated by AI makers.

“I have never been asked. I have never been credited. I have never been compensated one penny, and that’s for the use of almost the entirety of my work, both personal and commercial, senator,” she replied.

You could hear the fury in the voice of Ortiz, also 37, of San Francisco, a concept artist and illustrator in the entertainment industry. Her work has been used in movies including “Guardians of the Galaxy Vol. 3,” “Loki,” “Rogue One: A Star Wars Story,” “Jurassic World” and “Doctor Strange” She was responsible for the design of Doctor Strange’s costume.

“We’re kind of the blue-collar workers within the art world,” Ortiz said in an interview. “We provide visuals for movies or games. We’re the first people to take a stab at, what does a visual look like? And that provides a blueprint for the rest of the production.”

But it’s easy to see how AI-generated images can compete, Ortiz says. And it’s not merely a hypothetical possibility. She said she has personally been part of several productions that have used AI imagery.

“It’s overnight an almost billion-dollar industry. They just took our work, and suddenly we’re seeing our names being used thousands of times, even hundreds of thousands of times.”

In at least a temporary win for human artists, another federal judge in August upheld a decision by the U.S. Copyright Office to deny someone’s attempt to copyright an AI-generated artwork.

Ortiz fears that artists will soon be deemed too expensive. Why, she asks, would employers pay artists’ salaries if they can buy “a subscription for a month for $30″ and generate anything?

And if the technology is this good now, what will it be like in a few years?

“My fear is that our industry will be diminished to such a point that very few of us can make a living,” Ortiz says, anticipating that artists will be tasked with simply editing AI-generated images, rather than creating. “The fun parts of my job, the things that make artists live and breathe — all of that is outsourced to a machine.”

McKernan, too, fears what is yet to come: “Will I even have work a year from now?”

For now, both artists are throwing themselves into the legal fight — a fight that centers on preserving what makes people human, says McKernan, whose Instagram profile reads: “Advocating for human artists.”

“I mean, that’s what makes me want to be alive,” says the artist, referring to the process of artistic creation. The battle is worth fighting “because that’s what being human is to me.”

Join us at the Fortune Workplace Innovation Summit May 19–20, 2026, in Atlanta. The next era of workplace innovation is here—and the old playbook is being rewritten. At this exclusive, high-energy event, the world’s most innovative leaders will convene to explore how AI, humanity, and strategy converge to redefine, again, the future of work. Register now.
About the Authors
By Jocelyn Noveck
See full bioRight Arrow Button Icon
By Matt O'Brien
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

Mark Zuckerberg, chief executive officer of Meta Platforms Inc., left, and US President Donald Trump during a dinner with tech leaders in the State Dining Room of the White House in Washington, DC, US, on Thursday, Sept. 4, 2025. US President Donald Trump said he would be imposing tariffs on semiconductor imports "very shortly" but spare goods from companies like Apple Inc. that have pledged to boost their US investments. Photographer: Will Oliver/EPA/Bloomberg via Getty Images
Big TechDonald Trump
How Trump’s ‘unusual’ brokerage account traded around his own market-moving decisions—selling hyperscalers and buying energy stocks during the war
By Eva RoytburgMay 15, 2026
6 hours ago
Berkshire triples Alphabet stake and buys Delta stock while dumping Amazon in Greg Abel’s first quarter as CEO
InvestingBerkshire Hathaway
Berkshire triples Alphabet stake and buys Delta stock while dumping Amazon in Greg Abel’s first quarter as CEO
By Josh Funk and The Associated PressMay 15, 2026
6 hours ago
SpaceX said to plan public IPO filing as soon as Wednesday
Big TechIPOs
SpaceX said to plan public IPO filing as soon as Wednesday
By Anthony Hughes, Bailey Lipschultz and BloombergMay 15, 2026
6 hours ago
America’s productivity boom started before AI, and a Stanford economist who decoded the Great Resignation says working from home is the reason why
Future of Workremote work
America’s productivity boom started before AI, and a Stanford economist who decoded the Great Resignation says working from home is the reason why
By Marco Quiroz-GutierrezMay 15, 2026
9 hours ago
A man stands looking out over his front porch where a sign reads, "No data centers."
EnvironmentData centers
Startups are installing tiny data centers in people’s homes to reduce strain on the beleaguered electrical grid
By Sasha RogelbergMay 15, 2026
10 hours ago
US hedge fund manager Bill Ackman, CEO of Pershing Square Capital Management, speaks during the 29th annual Milken Institute Global Conference at the Beverly Hilton in Beverly Hills, California on May 4, 2026.
InvestingMicrosoft
Bill Ackman has been quietly buying Microsoft since February, when AI fears were dragging the stock
By Eva RoytburgMay 15, 2026
14 hours ago

Most Popular

The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
Politics
The Bezos family just donated $100 million to help achieve one of Mayor Zohran Mamdani’s top campaign promises
By Jake AngeloMay 12, 2026
3 days ago
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
Success
Despite having a $165 million net worth, Scarlett Johansson says work-life balance doesn’t exist—and the first step to success is admitting that
By Preston ForeMay 13, 2026
3 days ago
Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers
Travel & Leisure
Nearly 50,000 Lake Tahoe residents have to find a new power source after their energy source looks to redirect lines to data centers
By Catherina GioinoMay 12, 2026
4 days ago
The airplane fuel shortage is a myth propagated by airlines who want to cancel unprofitable flights, says private jet CEO
Energy
The airplane fuel shortage is a myth propagated by airlines who want to cancel unprofitable flights, says private jet CEO
By Jim EdwardsMay 14, 2026
2 days ago
Top economist says $39 trillion national debt leaves government worse prepared for recession than ever
Economy
Top economist says $39 trillion national debt leaves government worse prepared for recession than ever
By Eva RoytburgMay 14, 2026
2 days ago
Current price of oil as of May 15, 2026
Personal Finance
Current price of oil as of May 15, 2026
By Joseph HostetlerMay 15, 2026
17 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.