AI-Generated Art: Navigating Copyright and Ethical Boundaries

In recent weeks, countless social media feeds in the UK and beyond have been flooded with images that appear to spring straight from a Studio Ghibli film. However, these vividly animated scenes are not the product of the famed Japanese studio: they are generated by the latest version of ChatGPT, powered by OpenAI’s GPT-4o model.

This new trend has quickly ignited debate across the creative and legal communities. From whimsical reinterpretations of political figures to everyday memes reimagined in Ghibli-inspired form, the surge in AI-generated content raises questions about legality and ethics—particularly under UK copyright law. Below, we explore the core issues at stake and what your law firm and clients should keep in mind.

1. From Fan Art to Full Automation

Fan art is not new. Studios—including Studio Ghibli—have historically taken a relaxed stance on community-created works, often viewing them as free publicity and signs of genuine enthusiasm. However, the latest version of ChatGPT takes that notion to a new dimension: with just a prompt, a near-instant “Ghibli-style” image is produced.

For some observers, this is harmless fun—an expression of fandom by individuals who might lack traditional artistic skills. For others, it represents a more troubling shift: the painstaking hand-drawn aesthetic, perfected over decades by skilled animators, now mimicked effortlessly and en masse.

2. The UK’s Position on Copyright Protection

Style vs. Specific Expressions

Under UK copyright law, style is generally not protected. Copyright under the Copyright, Designs and Patents Act 1988 (CDPA) protects specific expressions of an idea rather than the idea—or style—alone.

• Style Imitation: The Ghibli “look” (soft lines, vibrant colour palettes, and whimsical creatures) is likely an artistic style. Because it is a technique or approach, it typically will not be protected in its own right.
• Character and Scene Replication: On the other hand, specific characters, unique settings, or reproduced scenes from Ghibli’s films are likely protected. If an AI tool generates images that copy or closely replicate these copyrighted elements (e.g., direct references to My Neighbor Totoro’s characters), it could breach UK copyright laws if the similarity is “substantial.”

Potential Pitfalls for Users and Creators

1. Passing Off & Trade Marks – Suppose someone claims an AI-generated image is an official Studio Ghibli work or uses Ghibli’s protected marks or branding. In that case, they may face liability under trade mark law and common-law “passing off.”
2. Substantial Part Test – Under UK law, copyright infringement can arise if a “substantial part” of the original work is reproduced. Although a style alone is not copyrightable, copying sufficiently original and identifiable elements from a Ghibli work could cross the threshold.
3. Training Data Uncertainties – The specific data used to train GPT-4o has not been fully disclosed. If the AI was trained on copyrighted Ghibli frames without authorisation, questions arise about the legitimacy of the model’s outputs. While the legal picture here is complex, it is an increasingly hot-button issue for policymakers.

3. Ethical Dimensions: The Debate Over AI-Generated Imitation

• Artistic Integrity: Studio Ghibli is celebrated for its meticulous, frame-by-frame approach—sometimes spending months on just a few seconds of film. For creators and fans alike, there is a sense that instant AI replications trivialise that dedication.
• Creator Consent: Some artists are uncomfortable with AI models emulating their distinctive style, especially without explicit permission or input.
• Cultural Impact: When memes in the Ghibli style become widespread, there is a risk of diluting the uniqueness that made the original art form so treasured in the first place.

4. Expert Insights: Legal Realities vs. Public Sentiment

In the UK, using an identical or near-identical character, background, or “substantial” portion of the original design could prompt a legal claim. Meanwhile, the public backlash could be just as potent—especially given that Hayao Miyazaki has described AI-generated animation as an affront to the painstaking craft of human animators.

5. Practical Considerations for Law Firms and Clients

1. Monitor Client Activity – If you plas on using or commissioning “in the style of Ghibli” artwork—whether for marketing, merchandise, or social media campaigns—think about the line between permissible homage and potential infringement.
2. Review Commercial Intent – Non-commercial “fan art” is often tolerated, but once it is used commercially (or promoted in a way that confuses consumers), the likelihood of legal conflict rises.
3. Trademark and Licensing – Ensure that any references to trademarks (including logos or film titles) have been cleared or are used in ways that do not imply an official endorsement by Studio Ghibli.
4. Stay Abreast of Policy Changes – The conversation around AI-generated content is evolving quickly, with Parliament and the Intellectual Property Office (IPO) considering how to address novel issues. Keep informed of legislative amendments or new guidance that may affect your clients’ use of AI tools.

6. Looking Ahead: A Changing Legal Landscape

With AI progressing at breakneck speed, these issues are likely the tip of the iceberg. As policymakers, courts, and creative industries grapple with adapting long-established frameworks to modern technology, the boundaries of fair use (or “fair dealing” under UK law), parody, and transformative works will continue to be tested.

Conclusion

The “Ghibli-style” images filling your timeline might look magical, but they are at the intersection of complex legal and moral questions. For UK-based creators, fans, and businesses alike, it is crucial to understand how copyright law and broader IP considerations apply to AI-generated content and to stay informed as the legal landscape evolves in real time.

If you have questions about protecting your creative work or want to ensure compliance before launching an AI-driven design campaign, our firm is here to help. Contact us today for guidance on navigating the intricate world of AI and copyright.