"DMCA-Compliant AI Image Generation: Conflict Between Copyright Law & AI Policy"

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Hello OpenAI team and community,

I want to bring up an important contradiction between AI policy and DMCA law that will cause serious problems for AI-generated art in the future.

The Problem

AI systems currently block the generation of canon characters from copyrighted franchises (e.g., Pokémon, Mario, etc.).

However, under DMCA Law for Generated Images, AI should be allowed to generate exact canon characters if proper credit is given and the design remains unchanged.

Nintendo and other companies now require exact character designs (no alterations or “inspired by” versions).

This means AI is conflicting with legal copyright frameworks, causing a deadlock where neither official nor alternative images can be generated.

Why This Is a Serious Issue

  1. Legal Contradiction: DMCA allows generating canon characters under specific conditions, but OpenAI’s policy blocks it completely, which conflicts with actual copyright law.

  2. Creativity Restrictions: Many artists and creators rely on AI to generate fan art, but if both canon and alternative designs are blocked, there will be no legal way to create content.

  3. Future AI Policy Problems: If AI continues blocking all copyrighted content, it will eventually be unable to generate any recognizable characters at all.

  4. Nintendo’s Stricter Rules: Nintendo now demands only original Pokémon designs, but AI refuses to generate them, putting both artists and AI in an impossible position.

Suggested Solution

OpenAI should update its AI image generation policy to follow DMCA Law for Generated Images.

AI should allow canon character generation only when it complies with DMCA (e.g., keeping the exact original design and providing proper credit).

OpenAI should clarify why AI policy blocks DMCA-compliant images, as this contradicts copyright law itself.

Final Thoughts

If AI does not adapt to DMCA-compliant image generation, it will face significant legal and creative challenges in the future. AI should follow the same legal framework as human artists, ensuring that lawful fan art and official character designs can still be created.

I would like OpenAI’s official response on this issue and whether the AI policy can be updated to reflect DMCA-compliant image generation.

Thank you for your time and consideration.