The Growing Concerns of Japanese Creatives Over AI-Generated Images
Japanese creatives have raised alarms over the potential threats posed by AI-generated images and anime to the future of creativity and copyright protection.
Many manga artists fear that AI technology could lead to the theft and repurposing of their work without proper compensation or acknowledgment.
This concern has been exacerbated by the increasing sophistication of AI programs, which can closely replicate the unique styles of established artists.
One prominent example is the AI program LoRA, which allegedly generated images resembling those of Kishin Higuchi, a well-known manga artist in Japan.
Despite claims that LoRA only used self-created images for training, the resemblance to Higuchi’s work sparked widespread debate on whether AI-generated content infringes on copyright protections, regardless of the data used for training.
Government Response and Legislative Considerations
In response to these growing concerns, the Japanese government is actively debating whether AI image generators automatically violate manga artists' copyright protections.
Ken Akamatsu, a prominent manga creator and politician, highlighted the government's consideration of the issue, emphasising that even if copyrighted work is not directly used for AI learning, the resulting similarity and dependence on existing works could constitute a violation.
"All images used in the training were self-created, and no copyrighted work of the illustrators themselves was used." However, even if the illustrators' own copyrighted work was not used in the AI training at all, if the act of generating and using the product meets the criteria of "similarity and reliance" in relation to existing copyrighted works, then it constitutes copyright infringement.
The potential for developers of AI programs, not just the users, to be held liable for copyright infringement is also under discussion.
Additionally, the government is contemplating the implications of AI-generated content on non-copyright rights, such as publicity rights.
The Case of "Cyberpunk: Peach John”
Cyberpunk: Peach John
The controversy surrounding AI in the manga industry gained significant attention with the publication of "Cyberpunk: Peach John," an AI-generated manga by Shinchosha.
The manga faced backlash for closely mirroring the style of Sui Ishida, the creator of "Tokyo Ghoul."
Tokyo Ghoul
This incident highlighted the growing fear that entertainment companies might prioritise AI over human artists to save time and money.
Rootport, the creator of "Peach John," defended the work, stating that human input was still required in the AI generation process.
However, many artists remain concerned about the broader implications of AI on their livelihoods and creative integrity.
The Struggle for Copyright Protection in Japan
Two years ago, illustrator Momoji Mokume expressed despair over Japan becoming a "paradise for copyright infringement and machine learning."
Mokume, along with tens of thousands of illustrators, artists, and musicians, has been vocal about the lack of robust copyright protection in Japan.
The Agency for Cultural Affairs released new guidelines in March, outlining scenarios where AI companies could be held liable for copyright infringement.
However, these guidelines have not led to a revision of the law, leaving many artists dissatisfied.
The Japanese Society for Rights of Authors, Composers, and Publishers criticised the current Copyright Act for focusing more on restricting creators' rights rather than protecting them.
This lack of robust legal protection has led to a perception of Japan as a "paradise for copyright infringement and machine learning," a sentiment echoed by many in the creative community.
The Economic Appeal of AI in Japan
Despite these concerns, Japan has taken a relatively open stance towards AI, attracting global tech industry leaders like Meta's Mark Zuckerberg and OpenAI's Sam Altman.
This openness is partly due to Japan's copyright laws, which critics argue allow extensive use of copyrighted materials for AI training without permission.
This legal environment has made Japan an attractive destination for AI companies, especially as other regions, such as the US, EU, and China, implement stricter regulations on AI training data.
These companies are eager to tap into Japan's need for rapid digital development amid a declining population and labour shortage.
OpenAI created a X account for their Japan office
Prime Minister Fumio Kishida has welcomed AI's potential, offering subsidies and government-funded computing power to attract tech start-ups.
This strategy mirrors the approach used to lure global chipmakers to Japan, albeit on a smaller scale.
Reviving the Legacy of Osamu Tezuka with AI
While the debate over AI and copyright continues, there are instances where AI has been used to honour and revive the work of legendary artists.
A notable example is the creation of a new instalment of Osamu Tezuka's "Black Jack," a classic manga series about an unlicensed surgeon.
Osamu Tezuka
This project involved AI, artists, and researchers working together to generate new content that stayed true to Tezuka's style.
The AI provided basic plots and character designs, while human creators made the final decisions, ensuring the emotional depth and artistic quality that characterised Tezuka's work.
Makoto Tezuka, son of the late artist Osamu Tezuka, presenting a new episode of the "Black Jack" manga at a press conference in Tokyo on 20 November 2023. (Source: The Asahi Shimbun)
Tezuka's influence on manga and anime is profound, with works like "Astro Boy" and "Black Jack" remaining beloved worldwide.
Copies of the original "Black Jack"
AI's role in continuing his legacy demonstrates that technology can complement rather than replace human creativity.
This project highlights how AI can be used responsibly to honour past creators while acknowledging the irreplaceable human elements that define great art.
Navigating the Intersection of AI and Creativity
AI undeniably brings efficiency and innovation, yet its unchecked use threatens the core of artistic creation.
Instead of exploiting creative works without consent, companies should forge partnerships with artists, respecting their unique styles and securing proper permissions.
By integrating artist collaborations into their AI programs, companies not only adhere to legal and ethical standards but also offer exclusive, stylised content that differentiates their products in a competitive market.
Such an approach fosters a symbiotic relationship between technology and artistry, ensuring that the advancement of AI enhances rather than undermines the creative legacy.
Future Prospects and International Leadership
As Japan navigates the complexities of AI and copyright, it faces the challenge of balancing innovation with the protection of its creative industries.
Prime Minister Fumio Kishida has advocated for international guidelines to govern AI use, emphasising the need for regulations that do not stifle innovation but ensure safety and transparency.
The Kishida government has also implemented subsidies to attract AI startups, highlighting the strategic importance of AI in addressing Japan's demographic challenges and economic needs.
However, the creative community remains vigilant, pushing for stronger legal protections and a more stringent interpretation of existing laws.
As Japan positions itself as a leader in AI technology, it must also safeguard the rights and interests of its creators, ensuring that the future of creativity is not overshadowed by the very technologies that hold the potential to drive its next wave of innovation.