AI Art: What Should Fair Compensation Look Like?

Jun 28, 2024

5 min

David Schweidel



New research from Goizueta’s David Schweidel looks at questions of compensation to human artists when images based on their work are generated via artificial intelligence.


Artificial intelligence is making art. That is to say, compelling artistic creations based on thousands of years of art production may now be just a few text prompts away. And it’s all thanks to generative AI trained on internet images. You don’t need Picasso’s skillset to create something in his style. You just need an AI-powered image generator like DALL-E 3 (created by OpenAI), Midjourney, or Stable Diffusion.


If you haven’t tried one of these programs yet, you really should (free or beta versions make this a low-risk proposal). For example, you might use your phone to snap a photo of your child’s latest masterpiece from school. Then, you might ask DALL-E to render it in the swirling style of Vincent Van Gogh. A color printout of that might jazz up your refrigerator door for the better.


Intellectual Property in the Age of AI


Now, what if you wanted to sell your AI-generated art on a t-shirt or poster? Or what if you wanted to create a surefire logo for your business? What are the intellectual property (IP) implications at work?


Take the case of a 35-year-old Polish artist named Greg Rutkowski. Rutkowski has reportedly been included in more AI-image prompts than Pablo Picasso, Leonardo da Vinci, or Van Gogh. As a professional digital artist, Rutkowski makes his living creating striking images of dragons and battles in his signature fantasy style. That is, unless they are generated by AI, in which case he doesn’t.


“They say imitation is the sincerest form of flattery. But what about the case of a working artist? What if someone is potentially not receiving payment because people can easily copy his style with generative AI?” That’s the question David Schweidel, Rebecca Cheney McGreevy Endowed Chair and professor of marketing at Goizueta Business School is asking. Flattery won’t pay the bills. “We realized early on that IP is a huge issue when it comes to all forms of generative AI,” Schweidel says. “We have to resolve such issues to unlock AI’s potential.”


Schweidel’s latest working paper is titled “Generative AI and Artists: Consumer Preferences for Style and Fair Compensation.” It is coauthored with professors Jason Bell, Jeff Dotson, and Wen Wang (of University of Oxford, Brigham Young University, and University of Maryland, respectively). In this paper, the four researchers analyze a series of experiments with consumers’ prompts and preferences using Midjourney and Stable Diffusion. The results lead to some practical advice and insights that could benefit artists and AI’s business users alike.


Real Compensation for AI Work?


In their research, to see if compensating artists for AI creations was a viable option, the coauthors wanted to see if three basic conditions were met:


– Are artists’ names frequently used in generative AI prompts?

– Do consumers prefer the results of prompts that cite artists’ names?

– Are consumers willing to pay more for an AI-generated product that was created citing some artists’ names?


Crunching the data, they found the same answer to all three questions: yes.


More specifically, the coauthors turned to a dataset that contains millions of “text-to-image” prompts from Stable Diffusion. In this large dataset, the researchers found that living and deceased artists were frequently mentioned by name. (For the curious, the top three mentioned in this database were: Rutkowski, artgerm [another contemporary artist, born in Hong Kong, residing in Singapore] and Alphonse Mucha [a popular Czech Art Nouveau artist who died in 1939].)


Given that AI users are likely to use artists’ names in their text prompts, the team also conducted experiments to gauge how the results were perceived. Using deep learning models, they found that including an artist’s name in a prompt systematically improves the output’s aesthetic quality and likeability.


The Impact of Artist Compensation on Perceived Worth


Next, the researchers studied consumers’ willingness to pay in various circumstances. The researchers used Midjourney with the following dynamic prompt:


“Create a picture of ⟨subject⟩ in the style of ⟨artist⟩”.


The subjects chosen were the advertising creation known as the Most Interesting Man in the World, the fictional candy tycoon Willy Wonka, and the deceased TV painting instructor Bob Ross (Why not?). The artists cited were Ansel Adams, Frida Kahlo, Alphonse Mucha and Sinichiro Wantabe. The team repeated the experiment with and without artists in various configurations of subjects and styles to find statistically significant patterns. In some, consumers were asked to consider buying t-shirts or wall art. In short, the series of experiments revealed that consumers saw more value in an image when they understood that the artist associated with it would be compensated.



Here’s a sample of imagery AI generated using three subjects names “in the style of Alphonse Mucha.”
Source: Midjourney cited in http://dx.doi.org/10.2139/ssrn.4428509


“I was honestly a bit surprised that people were willing to pay more for a product if they knew the artist would get compensated,” Schweidel explains. “In short, the pay-per-use model really resonates with consumers.” In fact, consumers preferred pay-per-use over a model in which artists received a flat fee in return for being included in AI training data. That is to say, royalties seem like a fairer way to reward the most popular artists in AI. Of course, there’s still much more work to be done to figure out the right amount to pay in each possible case.


What Can We Draw From This?

We’re still in the early days of generative AI, and IP issues abound. Notably, the New York Times announced in December that it is suing OpenAI (the creator of ChatGPT) and Microsoft for copyright infringement. Millions of New York Times articles have been used to train generative AI to inform and improve it.


“The lawsuit by the New York Times could feasibly result in a ruling that these models were built on tainted data. Where would that leave us?” asks Schweidel.


"One thing is clear: we must work to resolve compensation and IP issues. Our research shows that consumers respond positively to fair compensation models. That’s a path for companies to legally leverage these technologies while benefiting creators."


David Schweidel


To adopt generative AI responsibly in the future, businesses should consider three things. First, they should communicate to consumers when artists’ styles are used. Second, they should compensate contributing artists. And third, they should convey these practices to consumers. “And our research indicates that consumers will feel better about that: it’s ethical.”



AI is quickly becoming a topic of regulators, lawmakers and journalists and if you're looking to know more - let us help.


David A. Schweidel, Professor of Marketing, Goizueta Business School at Emory University


To connect with David to arrange an interview - simply click his icon now.

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David Schweidel

David Schweidel

Professor of Marketing & Roberto C. Goizueta Professor in Business Technology

Marketing analytics expert focused on the opportunities at the intersection of marketing and technology

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12 Days of Holiday Experts - Goizueta Business School Sources for the Season featured image

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12 Days of Holiday Experts - Goizueta Business School Sources for the Season

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Gen Z) experimenting with GenAI for personalization, inspiration, product discovery, summarizing reviews, generating lists, and finding deals. Results may be mixed, depending on the data the AI was trained on. He also expects more purposeful and complex shopping, with fewer impulse purchases and more searching (both online and in brick-and-mortar stores), due to lower inventory levels/assortments at some retailers. View his profile here Food and Travel Pricing Professor Saloni Firasta Vastani can discuss the cost of this year’s holiday dinners. What’s gone up and what’s gone down? She can also discuss the cost of travel this holiday season and offer tips on how consumers can secure a better deal. View her profile here Avoiding Holiday Overspend Professor Usha Rackliffe can discuss how holiday shopping can expose consumers to credit products, such as store credit cards, that offer various incentives and often result in overspending. 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Professor Dionne Nickerson focuses on how companies can integrate sustainability in their products and why it matters to consumers. View her profile here Pressure Purchasing As the days inch closer to the holidays, shoppers feel the pressure to find a gift. Professor Max Gaerth can discuss how stress, scarcity, and time pressure shape purchasing decisions. View his profile here Online Shopping and Influencing AI Changing How We Shop Professor David Schweidel examines how new AI tools are transforming the shopping experience and the ways brands utilize AI to engage with prospective customers and personalize product recommendations. He can also discuss OpenAI’s Atlas and how it puts ChatGPT directly into your browser. View his profile here Influencers Influencing Our Purchases How are creators impacting the economy, and are influencers impacting our purchasing decisions? Professor Marina Cooley looks at the creator economy and how TikTok and Instagram are impacting our holiday wish lists, and what it takes for a product to go from unknown to trending. She can also discuss TikTok Shop (something Instagram has struggled to execute).   View her profile here How to Attract Customers to the Store this Holiday: Shopping looks different, and it is up to retailers to stand out not just in the brick-and-mortar world but also online. The success of a business can balance on the customer experience. Professor Reshma Shah can discuss the policies that brick-and-mortar retailers need to have in place to successfully merge online shopping and the in-person shopping experience. View her profile here Holiday Scams Tis The Season for Scams Bad actors are using AI to scam consumers. From phone calls to emails, Professor Tucker Balch can tell us how to spot a scam and what we can do to protect ourselves. View his profile here Holiday Returns Product Returns Professor Doug Bowman can discuss the retail strategy and the impact of holiday gift returns, comparing online returns to those in brick-and-mortar stores. View his profile here He can also weigh in on: Why are returns so expensive for retailers? Online returns vs. brick and mortar returns Predicting online returns - helping retailers understand how likely it is that a product will be returned. As well: Are retailers still offering free returns? What’s this costing them? Is this likely to continue? What will they do differently? If you’re a journalist covering the holiday season, our experts can help shape your story. Use the “Connect” button on any expert’s profile to send an inquiry — all inquiries are monitored by our media team to ensure a quick, timely response.

#Expert Perspective: When AI Follows the Rules but Misses the Point featured image

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#Expert Perspective: When AI Follows the Rules but Misses the Point

When a team of researchers asked an artificial intelligence system to design a railway network that minimized the risk of train collisions, the AI delivered a surprising solution: Halt all trains entirely. No motion, no crashes. A perfect safety record, technically speaking, but also a total failure of purpose. The system did exactly what it was told, not what was meant. This anecdote, while amusing on the surface, encapsulates a deeper issue confronting corporations, regulators, and courts: What happens when AI faithfully executes an objective but completely misjudges the broader context? In corporate finance and governance, where intentions, responsibilities, and human judgment underpin virtually every action, AI introduces a new kind of agency problem, one not grounded in selfishness, greed, or negligence, but in misalignment. From Human Intent to Machine Misalignment Traditionally, agency problems arise when an agent (say, a CEO or investment manager) pursues goals that deviate from those of the principal (like shareholders or clients). The law provides remedies: fiduciary duties, compensation incentives, oversight mechanisms, disclosure rules. These tools presume that the agent has motives—whether noble or self-serving—that can be influenced, deterred, or punished. But AI systems, especially those that make decisions autonomously, have no inherent intent, no self-interest in the traditional sense, and no capacity to feel gratification or remorse. They are designed to optimize, and they do, often with breathtaking speed, precision, and, occasionally, unintended consequences. This new configuration, where AI acting on behalf of a principal (still human!), gives rise to a contemporary agency dilemma. Known as the alignment problem, it describes situations in which AI follows its assigned objective to the letter but fails to appreciate the principal’s actual intent or broader values. The AI doesn’t resist instructions; it obeys them too well. It doesn’t “cheat,” but sometimes it wins in ways we wish it wouldn’t. When Obedience Becomes a Liability In corporate settings, such problems are more than philosophical. Imagine a firm deploying AI to execute stock buybacks based on a mix of market data, price signals, and sentiment analysis. The AI might identify ideal moments to repurchase shares, saving the company money and boosting share value. But in the process, it may mimic patterns that look indistinguishable from insider trading. Not because anyone programmed it to cheat, but because it found that those actions maximized returns under the constraints it was given. The firm may find itself facing regulatory scrutiny, public backlash, or unintended market disruption, again not because of any individual’s intent, but because the system exploited gaps in its design. This is particularly troubling in areas of law where intent is foundational. In securities regulation, fraud, market manipulation, and other violations typically require a showing of mental state: scienter, mens rea, or at least recklessness. Take spoofing, where an agent places bids or offers with the intent to cancel them to manipulate market prices or to create an illusion of liquidity. Under the Dodd-Frank Act, this is a crime if done with intent to deceive. But AI, especially those using reinforcement learning (RL), can arrive at similar strategies independently. In simulation studies, RL agents have learned that placing and quickly canceling orders can move prices in a favorable direction. They weren’t instructed to deceive; they simply learned that it worked. The Challenge of AI Accountability What makes this even more vexing is the opacity of modern AI systems. Many of them, especially deep learning models, operate as black boxes. Their decisions are statistically derived from vast quantities of data and millions of parameters, but they lack interpretable logic. When an AI system recommends laying off staff, reallocating capital, or delaying payments to suppliers, it may be impossible to trace precisely how it arrived at that recommendation, or whether it considered all factors. Traditional accountability tools—audits, testimony, discovery—are ill-suited to black box decision-making. In corporate governance, where transparency and justification are central to legitimacy, this raises the stakes. Executives, boards, and regulators are accustomed to probing not just what decision was made, but also why. Did the compensation plan reward long-term growth or short-term accounting games? Did the investment reflect prudent risk management or reckless speculation? These inquiries depend on narrative, evidence, and ultimately the ability to assign or deny responsibility. AI short-circuits that process by operating without human-like deliberation. The challenge isn’t just about finding someone to blame. It’s about whether we can design systems that embed accountability before things go wrong. One emerging approach is to shift from intent-based to outcome-based liability. If an AI system causes harm that could arise with certain probability, even without malicious design, the firm or developer might still be held responsible. This mirrors concepts from product liability law, where strict liability can attach regardless of intent if a product is unreasonably dangerous. In the AI context, such a framework would encourage companies to stress-test their models, simulate edge cases, and incorporate safety buffers, not unlike how banks test their balance sheets under hypothetical economic shocks. There is also a growing consensus that we need mandatory interpretability standards for certain high-stakes AI systems, including those used in corporate finance. Developers should be required to document reward functions, decision constraints, and training environments. These document trails would not only assist regulators and courts in assigning responsibility after the fact, but also enable internal compliance and risk teams to anticipate potential failures. Moreover, behavioral “stress tests” that are analogous to those used in financial regulation could be used to simulate how AI systems behave under varied scenarios, including those involving regulatory ambiguity or data anomalies. Smarter Systems Need Smarter Oversight Still, technical fixes alone will not suffice. Corporate governance must evolve toward hybrid decision-making models that blend AI’s analytical power with human judgment and ethical oversight. AI can flag risks, detect anomalies, and optimize processes, but it cannot weigh tradeoffs involving reputation, fairness, or long-term strategy. In moments of crisis or ambiguity, human intervention remains indispensable. For example, an AI agent might recommend renegotiating thousands of contracts to reduce costs during a recession. But only humans can assess whether such actions would erode long-term supplier relationships, trigger litigation, or harm the company’s brand. There’s also a need for clearer regulatory definitions to reduce ambiguity in how AI-driven behaviors are assessed. For example, what precisely constitutes spoofing when the actor is an algorithm with no subjective intent? How do we distinguish aggressive but legal arbitrage from manipulative behavior? If multiple AI systems, trained on similar data, converge on strategies that resemble collusion without ever “agreeing” or “coordination,” do antitrust laws apply? Policymakers face a delicate balance: Overly rigid rules may stifle innovation, while lax standards may open the door to abuse. One promising direction is to standardize governance practices across jurisdictions and sectors, especially where AI deployment crosses borders. A global AI system could affect markets in dozens of countries simultaneously. Without coordination, firms will gravitate toward jurisdictions with the least oversight, creating a regulatory race to the bottom. Several international efforts are already underway to address this. The 2025 International Scientific Report on the Safety of Advanced AI called for harmonized rules around interpretability, accountability, and human oversight in critical applications. While much work remains, such frameworks represent an important step toward embedding legal responsibility into the design and deployment of AI systems. The future of corporate governance will depend not just on aligning incentives, but also on aligning machines with human values. That means redesigning contracts, liability frameworks, and oversight mechanisms to reflect this new reality. And above all, it means accepting that doing exactly what we say is not always the same as doing what we mean Looking to know more or connect with Wei Jiang, Goizueta Business School’s vice dean for faculty and research and Charles Howard Candler Professor of Finance. Simply click on her icon now to arrange an interview or time to talk today.

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