I think I've uncovered a bit of a problem relating to the legislation and regulations which apply to all info provided to buyers in art exhibitions (who have protected rights) - from Submission to Display to Sale.
Earlier this week, I wrote about how the Royal West of England Academy allows AI into its Annual Exhibition
There have been a lot of comments on the post on Facebook as a result - which you can see here. Mainly this has been confined to whether or not AI should be eligible or only serves to undermine the original work of artists.
What I didn't realise at the time, is that the RWA were not the first.
The Royal Academy of Arts Summer Exhibition and AI
This year's Royal Academy of Arts Summer Exhibition indicated in its Frequently Asked Questions that it was OK to use AI as part of an artwork
Can I enter an AI work?
If your work is generated, partially or entirely, using artificial intelligence, then you must declare it on your artwork form by adding ‘AI’ to the medium field.
In other words, the RWA appears to have just copied what the RA did!
Omission of fact / poor descriptions of art for sale
So I went to look at all the artworks - to find the clearly displayed "AI" in the medium field
I found 59 entries were listed in "all the artworks" when I searched the database for "AI".
I didn't sample everyone. But of all the ones I looked at in detail, not one declared the AI as having contributed to the image or the artwork.
So the RA may know that AI contribute to the artwork - but they aren't sharing that information with the general public.
I then did another sample - of all those that were available to buy online.
- This time I got 54 entries.
- I looked at a few more - and still could not find any exhibit which openly declared that AI was used in its creation.
AI Findings: Submission to Display to Sale
- The Royal Academy of Art required all artists to declare AI on their form If your work is generated, partially or entirely, using artificial intelligence, then you must declare it on your artwork form by adding ‘AI’ to the medium field.
- The Royal Academy of Art appears to have chosen NOT to disclose the use of AI in any of the information provided to the buying public.
- it's not listed in the catalogue under the medium
- it's not listed on the Sales website for any of the artworks which were triggered by the search term "AI"
- Trading Law and Regulations - see my Trading Law & Regulations for Artists (mainly UK) page
- the various regulations relating to selling online and consumer rights - see my E-Commerce for Artists page
Every contract to supply goods by description is to be treated as including a term that the goods will match the description.In other words, when describing the medium for an artwork, if AI was used then AI needs to be highlighted.
- I am sure this requirement is essentially what is behind the RA requirement for the artist to spell out AI in the medium box if relevant.
- So why has that info not translated through to the description of the artwork for the purposes of sale to the public (ie the people protected by the Consumer Rights Act 2015!)?
- My conclusion is that we appear to have "a left hand and a right hand within the RA who are not talking to one another"!

