Using artificial intelligence in the process of creating graphics for games

Artificial intelligence programs automate many solutions that normally require a significant investment of time, and they also help speed up work processes.

One way to use artificial intelligence is to create graphics based on text entered by the user.

How do AI programs for creating graphics work?

One example of a graphics creation program is DALL.E 2.

If you are interested in how this software works, be sure to take a look ( here ).

As we mentioned above, DALL.E 2 is only one of many examples of programs of this kind.

Programs of this type attract a great deal of interest, both as a form of entertainment and as a tool that automates work, for instance the work of computer graphic designers.

Although there are many ways to use programs of this kind, the question we hear more and more often is: How can I use a graphic created with an AI program?

And also: Can I use such a graphic in another work (for example, a video game)?

Licensing the use of AI programs for creating graphics. To answer the first question, the key to understanding how we can use a graphic created with an AI program is to carefully read that program's license.

Most licenses for using programs of this kind are based on a similar structure.

Under this structure, the user is granted permission to use the program.

Nevertheless, the graphics created with it do not constitute the property of the user.

In most cases, the user is only entitled to use the graphic, but cannot prohibit anyone else from using that graphic if the software owner has consented to its use by someone else.

What is the reason for this?

Under the general principle of copyright law, a work is a product of human activity** with a creative and individual character that meets the statutory criteria.

Accordingly, in many cases the graphics created with programs of this kind do not constitute a work within the meaning of copyright law.

As a result, they are not granted the protection provided for under those regulations.

This is because the “creative” process is not carried out by a human, and therefore it is not a human who creates the graphic, but in fact the software.

What does this mean in practice?

In practice, this means that while the graphic is not the property of the user, if the license does not prohibit it, a graphic created with such a program can be used in another work (for example, a game).

It should be remembered, however, that in such a case the game's creator will not be entitled to copyright protection for that specific element created with artificial intelligence.

In practice, this means that there is a risk that another game creator may be able to use such an element.

It is therefore worth noting that while programs of this kind can automate certain processes, their use in the creative industry should be carefully considered.

When creating works such as games, our main goal is often to make the game original and unique, and to ensure that it is associated only with that one specific game and that one specific producer.

In other words, although using programs of this kind can definitely speed up the work process, it is worth considering which specific elements of the game can be created with them and which definitely cannot, so that the game does not lose its originality.

Summary. One type of AI program for creating graphics is the kind that generates a graphic based on text entered by the user.

The use of programs of this kind is attracting growing interest in the creative industry, including in game production.

When using elements created with AI systems in your works, you should carefully consider which specific elements of the game can be created with them, so that the game does not lose its originality. ** In line with the meaning of Article 1 of the Act on Copyright and Related Rights: “The subject of copyright is any manifestation of creative activity of an individual character, established in any form, regardless of its value, purpose, or manner of expression (a work).” Creative activity of an individual character requires a human factor.

In other words, a work by A.

Niewęgłowski, in the commentary Copyright Law.

Commentary, Warsaw 2021: “A work is a manifestation of human activity.

Having met the conditions set out in the provision, a natural person can bring about the creation of a subject of copyright.

Products generated by computer applications that imitate the human creative process (so-called artificial intelligence) do not constitute a work.

For a particular result to be recognized as a work, a human must have a decisive influence on its creation (giving it the features that make it creative and individual in character).

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