'Gruffalo' illustrator could sue AI firms over 'theft of copyright'
What's the story
Axel Scheffler, the renowned illustrator of the beloved children's book The Gruffalo, is contemplating legal action against artificial intelligence (AI) companies. He accuses these firms of infringing on his copyright by using his work without permission. Speaking to BBC London, Scheffler expressed his desire for AI companies to cease this practice. The Gruffalo, written by Julia Donaldson, narrates the tale of a clever mouse who outsmarts a beast.
Legal consultation
'I just want them to stop'
Scheffler has reportedly been consulting with a lawyer in Germany about the potential legal action.
He told the outlet, "There have been illustrators taking legal action against AI companies and I'm seriously considering it. I just want them to stop."
The illustrator did not specify which company he might pursue legally.
AI concerns
'I was quite shocked'
Scheffler, who doesn't own a smartphone, said he initially tried to ignore AI until he saw his creations being digitally recreated in places like Silicon Valley and Oktoberfest.
"I was quite shocked. It's clearly my mouse, my Gruffalo...but the rest of the image is completely created - it's a clear theft of copyright," he said.
Legal strategy
Why Germany is a good option for creators
Scheffler is contemplating taking legal action in Germany, since he sees the European Union as more favorable to creators.
Nick Buckland, an intellectual property lawyer at Lewis Silkin, London, agreed that Germany could be a viable option for creators looking to protect their work.
He cited two cases in Germany where music collecting societies won against AI companies by proving they copied song lyrics verbatim.
Legal hurdles
Proving copyright infringement could be challenging
A distinctive character like the Gruffalo could bolster Scheffler's case, but proving copyright infringement can still prove difficult.
Buckland explained that generative AI doesn't copy but trains on existing material, which is what AI companies argue means they're not infringing someone's copyright.
"For example, if someone wants a picture of a dog, what the AI machine does is it scans everything it's trained on, millions of pictures of dogs, and then one gets presented to the user," he said.
Ongoing litigation
OpenAI already facing lawsuit over similar issue
Publishing group Penguin Random House and author-illustrator Ingo Siegner have already sued OpenAI, the company behind ChatGPT, alleging that it copied their children's book character The Little Dragon Coconut (Der kleine Drache Kokosnuss).
The Munich Regional Court will decide whether the AI company breached copyright law in spring 2027.
An OpenAI spokesperson said they're having productive conversations with rightsholders worldwide about supporting creativity while protecting intellectual property.
Creator's perspective
'I recommend drawing by hand'
Scheffler clarified that any potential legal action wouldn't be about seeking compensation but rather about protecting creators now and in the future.
He emphasized that AI can never replace hand-drawn images, saying, "There's always something lacking."
"I recommend drawing by hand and being old-fashioned, and hopefully that will be more appreciated when AI takes over."