Using AI-generated art as a reference for creating your own artwork can be a complex issue when it comes to copyright. While AI-generated art itself may not be eligible for copyright protection in many countries, including the United States, the underlying elements used to create the AI-generated art could potentially infringe on existing copyrights.
The key consideration is that even if the AI-generated art is not substantially similar to any pre-existing work, the prompts or datasets used to create the AI art could still contain copyrighted elements. This means that while you may be able to use the AI-generated art as a reference, you need to be careful not to incorporate any protected elements from the original works. Additionally, any failure to accurately disclose the role of AI in the creation of your artwork could result in the loss of copyright benefits, leaving your work vulnerable to infringement. Therefore, it is crucial to thoroughly understand the copyright implications and ensure that your use of AI-generated art as a reference does not infringe on any existing copyrights.