I regularly use AI images in my game products, such as my D&D adventures. I also use such images as illustrations on my blog. This leads to the question of whether I am acting in an ethical manner using these images. As a side note, I use “images” rather than “art” intentionally. While they are clearly images, it is not clear if AI images are art in a meaningful way. But that is an issue for another time and my focus is on whether I am doing wrong by using these images. This question is linked to the broader question of whether AI image and text generators, such as Midjourney and Open AI’s products are ethical. I believe that they are not but need to make this case.

It is often claimed that AI systems were trained on stolen data, be the data images or text. The stock defense offered by AI defenders is that the AI systems “learned” in a manner analogous to that used by humans, by being trained on existing works. On the face of it, this has some appeal. When people learn to draw or write, they usually do so by copying existing works until they are able to produce their own works. But this argument is easy to counter, at least for the data that was stolen in an unambiguous sense. While a human learning how to draw by buying art books would not be theft, stealing books from a bookstore to learn to draw would be theft. And it seems that some AI training data includes commercial works acquired without purchasing copies. While this matter is being hashed out in lawsuits, the ethics of stealing works are clear, especially when the thieves are well funded and intend to use their stolen goods for their own profits. They cannot appeal to the usual arguments floated to justify piracy against corporations since they are corporations.

Many critics of AI go beyond these cases of unambiguous theft to argue that any use of data without consent and compensation is theft. Those holding this view do need to address the argument that AI is not stealing but merely learning as a human would. One reasonable reply is to counter by arguing that while we do not know exactly how humans engage in learning to be creative, AI systems are not replicating what humans do. The analogy also breaks down in various ways when comparing the situation of a human creator with an AI system. Some relevant differences include the fact that AI systems are owned by corporations and are “machines” for churning out products at an inhuman rate.

While not a great analogy, AI image generators are doing something like what I do when I use cartography software like Inkarnate and  Campaign Cartographer. These programs come with premade map symbols, such as trees, rocks, and castles. When I use them, I can combine premade assets to make maps. This does require creativity and some skill on my part, but I am mostly relying on the work of others. This is morally acceptable, since I paid for the software and the people creating the symbols gave their consent and received compensation for this use.

Even if it is assumed that the AI is being creative in a way analogous to my creativity in making maps, AI is working with a vast set of images that are being used without consent or compensation. That is, it would be like me using stolen symbols to create my maps while claiming that my creativity in combining the symbols means that I am not acting in an unethical manner. It could be countered that my analogy is flawed since AI is not creating collages of stolen pieces but is creating original works it learned to make through training. If someone looks at all the symbol sets for the maps and then creates their own maps using symbols that are different from what they learned from, then it would be hard to call that theft. That the symbols might look alike would not be surprising; after all symbols of rocks, castles and trees will all tend to look somewhat alike in that they will be of rocks, castles and trees. But in the case of AI, I suspect that the main reason to think that it must be theft is that the AI is believed to be engaged not in creation but recombination—that it is combing stolen pieces based on probabilities and algorithms that are also stolen.  This is probably true. But this is but one of the many moral crimes of AI.

Anyone familiar with how the modern economy works will not be surprised that AI is built upon underpaid and exploited labor, and this has been going on since before the latest AI surge. Amazon’s aptly named Mechanical Turk is a good example of how this works in that “people are paid pennies to train AI.” In some cases workers are never paid.

AI also unsurprisingly comes with a large environmental cost, much of which is a result of the energy required to train and maintain AI systems. This energy usage is expected to increase so dramatically that some are claiming that there will need to be breakthroughs in energy technology just to keep up with the demand. This environmental harm contributes to AI being unethical to use.

Given that I just argued about the evils of AI, it might be wondered how I can still use it. The unsatisfying answer here is that using AI is just one of a vast number of evils involved in my work. While those who dislike my views might see this as an admission, this is true of almost everyone. If you are reading this, you are also involved in evil. As a quick illustration, I use gaming books that were bought printed in China (using cheap labor) and shipped across the sea to be sold by Amazon, which exploits its workers. Shipping the books created pollution. I do my work on a computer that I built, but the parts were made by exploited workers and bought from corporations. My computer also uses energy. I am wearing clothing made by exploited workers and I eat food created in a horrible system that exploits and pollutes. And so on. This is not to say that my use of AI images in my work is good. Far from it, but it is but one of the many evils involved in creating and distributing anything. Now on to some more evil.

What people tend to talk about the most is how AI will take jobs, something that technology has been doing since the beginning. In the case of AI image generators, the concern is that it will take jobs from artists, and this is a reasonable concern. This problem arises because of capitalism and the need of artists to work to survive. After all, if people were free to create from their love of creation or just as a hobby, then AI image generation would be irrelevant. As such, AI image generation is just a specific problem of the current capitalist economy. It is here that I am probably doing the least evil.

Prior to AI image generators, I created my own images, used royalty free images and purchased stock images. The main problems with the free and stock images are that they generally did not match what I wanted, and they were obviously used by many other people. Over the years I have attempted to hire artists to create custom images for my works, but this has never worked out. In most cases they rightfully wanted to charge me more than I could ever hope to make on my works. When the price was affordable, the artists inevitably failed to deliver and dropped out of contact after a rough preliminary sketch or two. So my earlier works generally include few images and these are often only vaguely relevant to the content of the work. As such, I did not “fire” human artists and replace them with AI; for the most part where I use an AI image in my work there would have otherwise been no image.

When AI image generators became available, I tried them and found that they could rapidly generate relevant images that just needed a little work in Photoshop. Before the revelations about the evils of AI, I thought this was great. But after learning about the evils of AI, I realized that having unlimited relevant images came with a moral price. But I already knew, as noted above, that my work already came with a high moral price (think of the energy cost and pollution arising from the device you are using to view these words, from the device I used to type them, and so on). I did consider going back to works with just a few pieces of mostly irrelevant art but decided on another approach. My moral solution is to make my game products (and obviously my blog) available for free. Which is something I was already doing for Mike’s Free Encounters and Mike’s Free Maps.  I do have a “pay what you want” option for many of my works (which I was also doing before AI image generators) and this allows people who think that creators should be paid for their work to get my work without paying for it.

It might be objected that this is like giving away stolen property for free along with my own property, which is a fair point. But the economy is built on theft, so everything I create and distribute is grounded in something that involves theft from someone and is probably hurting people in some other way. This is not to say what I am doing is right, that would be absurd. All I can say is that I am minimizing the evil I do. To be honest, I could be convinced to abandon AI images and go back to reusing the same stock images and scouring the web for royalty free images.

In conclusion, my use of AI images is wrong, but it is one evil among many that are part of creating in the world as it is. But not what it could be or should be.

2 thoughts on “Is My Use of AI Images Ethical?

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