Opinion: The Case for Transparency in AI-Altered Fine Art Photography

Linette Cremon Reimagined #DA19. An example of digital art created from an original photograph. © 2024 Jo Ann & George Aiello. All rights reserved.

When A Photograph Is No Longer A Photograph

In recent years, generative AI has revolutionized the field of photography, offering unprecedented capabilities for creating and editing images. As a studio dedicated to producing high-quality photographic and digital art, we at Aiello Studios recognize the profound impact of these tools. However, a crucial distinction between minor edits and substantial transformations made with AI should be clearly communicated to viewers. In this article, we will explore the implications of AI in transforming photographs into what we refer to as “digital art,” the importance of transparency, and our approach to categorizing AI-altered images to maintain integrity and trust in the art we produce.

The Importance of Photographic Authenticity

Authenticity in photography is not just a matter of tradition; it is a core value that underpins the trust and integrity of the art form. When photographs are used in journalism, documentary, or educational contexts, their authenticity is essential for conveying truthful and accurate information. AI-generated or heavily edited images risk misleading audiences, compromising viewers' trust in visual media. The issue has sparked debates about authenticity and the need for clear guidelines and disclosures. A quick search on Google reveals many articles on the subject.

Ethical and Legal Considerations

The ethical implications of AI in photography extend to copyright and ownership issues. When AI-generated images are based solely on datasets that include copyrighted material, there is a risk of infringement. This has been a significant concern in the creative industries, but it is a highly complex and contested issue. The ongoing legal battles between the New York Times and Open AI (maker of ChatGBT) illustrate this. You can read a great but long article by Lance Eliot in Forbes. You may also be interested in the recently introduced bipartisan US Senate bill called the COPIED Act.

By carefully transforming their own images and disclosing when AI has materially been used to alter them, photographers and artists can help navigate these legal complexities. We have written about this several times in our blog as it applies to fine art photography, as summarized below.

Artistic Integrity

In fine art photography, originality, the creative process, and the artist's intent are central to the value of the work. At Aiello Studios, our use of generative AI is limited to using our existing photographs as reference images in AI tools. We never offer images that are solely created by AI. Instead, we use one or more real photographs that we have made as the basis for transformation into digital art. This means that when AI tools are used to substantially alter one of our images, we categorize the result as digital art rather than as a photograph. This practice respects the traditional boundaries of photographic art and ensures that viewers and purchasers are fully aware of the nature of the work they are experiencing.

For this reason, we believe that images made solely from AI should not be referred to as “photographs” even though they look like photographs. These distinctions are vital to maintaining the integrity of both art forms and clearly communicating the origin and nature of the image to the audience.

Clarifying the Scope of AI Editing

We understand there can be some gray areas. For our fine art photography, we do not consider using tools like Photoshop's generative fill to simply expand borders or perform minor edits to require redefining the image as something other than a photograph. Nor do we for AI-based or other image editing tools when performing standard editing tasks such as altering colors, creating masks, adding textures, or applying various effects. People have been editing and manipulating photographs in these ways for generations. AI is just another editing tool in those scenarios. In our view, it is when substantial and transformative alterations—those that go well beyond traditional editing and into the realm of imagination—that necessitate reclassification as digital art.

Tools for Identifying AI-Generated Images

To support transparency, advancements in technology have provided tools that help identify AI-generated content. For example, Adobe's Content Authenticity Initiative (CAI) includes features that allow creators to attach metadata indicating whether AI has altered an image. Such tools are essential for maintaining trust and transparency in digital photography. We are members and support the goals of the CAI.

A final note

Transparency in the use of AI in photography is not just a matter of ethical practice; preserving the trust and integrity underpinning the art form is essential. As we navigate this new landscape, clear guidelines and honest communication will be key to ensuring that the power of AI is harnessed responsibly and creatively.

We welcome your comments and opinions.