We have written several articles touching on how it is not possible to obtain copyright protection for an idea. What is protectable is the specific tangible execution of that idea. A variation on this concept has come into play regarding the recently added ability of ChatGPT to mimic specific art aesthetics. As of March 25, users can upload an image and ask the AI to recreate it in a particular style.

How does this relate to the concept of idea vs. execution? To explain further, this post will look at the uproar that has ensued over a (literal) digital flood of images in the style of Studio Ghibli, the renowned Japanese film studio responsible for animated classics such as My Neighbor Totoro, Princess Mononoke, and Spirited Away.

A Quick Introduction to Studio Ghibli

Before we dive into the controversy that erupted when Ghibli-style images started popping up all over the internet, It is important to learn a bit about the origins of the studio itself and what Studio Ghibli works have come to symbolize.

Established in 1985 by directors Hayao Miyazaki and Isao Takahata, as well as producer Toshio Suzuki, Studio Ghibli’s intent right from the start was to create high-quality animated films that put a strong focus on storytelling and artistry. This has been incredibly successful for them, scoring several blockbuster hits and winning numerous awards, including the 2003 Academy Award for Best Animated Feature for Spirited Away.

They are well-known for their gorgeous hand-drawn animation style, with relatively minimal use of the computer-generated images common in a lot of modern animation. Additionally, many of their films feature storylines with the natural or spiritual world coming into conflict with technology. Finally, Miyazaki has been quoted as saying he is “utterly disgusted” with the use of AI in art and that it is “an insult to life itself.”

In other words, Studio Ghibli is seen by many as the standard-bearer for keeping art and artistry in the hands of humans – as well as the epitome of what can be accomplished when one puts in the time and effort to create something original and lasting.

The Ghibli-Style Flood – and Why It Is Probably Legal

Because of all that, it should come as no surprise that many were outraged when ChatGPT’s new tool resulted in a torrent of AI art created in the style of Studio Ghibli. Japanese lawmakers even discussed the possibility of taking action against what they are calling the “Ghiblification” of images, ultimately deciding that it had to be left to the courts.

Why?

It comes back to that concept of idea vs. execution – or, in this case, whether the images in question merely mimic a certain style or are so “similar to or reliant on preexisting copyrighted works” that they might constitute copyright infringement. 

Put in layman’s terms, you cannot copyright a style or aesthetic. So even though the Studio Ghibli style has become recognizable throughout the world, creating an image in their style is completely legal. It would only rise to the level of copyright infringement if the image in question mimicked specific elements that do have copyright protection.

For example, uploading a picture of yourself and telling ChatGPT to recreate it in the style of Studio Ghibli would not infringe on copyright because it is not possible to copyright a style. However, if you uploaded the same picture and asked for it to be recreated to make you look like the protagonist Ashitaka from Princess Mononoke, that could potentially be considered infringement if the image itself was so close in execution that it was “recognized as being ‘Ghibli itself.’”

The other, completely separate big question here – and one that still has not been answered in a meaningful way by the courts or the copyright office – is whether or not it is even legal in the first place for ChatGPT and other generative AI models to learn how to mimic copyright protected works without permission from the owners of those works. Hopefully, we will receive some clarity on that issue sooner rather than later.

In the meantime, if all of the confusion AI is causing has your head spinning and you want some clarity on what you should and should not be doing, get in touch.