Visual artists fight against AI companies for their work

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."

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.

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...