CREATOR Act

Key Points

• The bill creates a brand-new federal intellectual property right for visual artists, separate from copyright and trademark. It gives artists the exclusive power to control whether anyone can commercially use AI to copy their unique artistic style.
• Only deliberate, AI-driven mimicry is covered. The bill does not apply to general artistic influence, human-made artwork, or broad visual styles shared across genres or movements. The focus is on AI systems that are intentionally set up to copy a specific artist.
• Companies that build and sell general-purpose AI tools are shielded from liability unless they deliberately configure and market those tools to mimic a specific artist's style. Simply having the capability to produce similar-looking art is not enough to trigger a lawsuit.
• Violators face statutory damages ranging from $10,000 to $150,000 per work. For willful cases involving intentional targeting and commercial exploitation, the minimum jumps to $50,000. Artists can also seek injunctions and actual damages.
• The right lasts for an artist's entire lifetime. After death, heirs can hold the right for 10 years with the option to renew in 5-year blocks, up to a maximum of 50 years after the artist passes away.
• Online platforms get a safe harbor similar to copyright law. They are not liable for users posting AI-generated style copies as long as they designate an agent, take down flagged content quickly, and have a policy for dealing with repeat offenders.