Can You Own an Idea?
Art, AI, and What Happens When Copyright Expires
By Vanessa Corrigall – underwater painter | teacher | lifelong swimmer
4 minute read
Why This Matters to Artists and Collectors
Copyright shapes how creative work is sold, shared, and valued. When copyright protection expires, a single image can suddenly flood the market—or inspire fresh creativity. For artists and collectors alike, understanding these shifts helps protect both your passion and your investment.
1 — What Does Copyright Protect?
In Canada, copyright protection lasts for the artist’s lifetime plus 70 years (Canadian Intellectual Property Office, n.d.). It safeguards:
Paintings & digital art
Books, music, and film
Photographs & mixed-media works
Copyright exists to prevent exploitation, reward originality, and control reproduction. But once it expires, the work enters the public domain, becoming available for remixing, collage, and even training AI.
2 — Guarding Ideas vs. Letting Ideas Grow
🔒 Protect-the-Artist View:
Early unauthorized copies can dilute an artwork's value.
AI image generators have been accused of scraping protected images without consent, leading to legal disputes (Barnes, 2025).
Some view this as a form of digital theft.
🌱 Let-Ideas-Evolve View:
All art builds on past influences and shared culture.
Classic stories continue thriving precisely because they have entered the public domain (Hudson, 2012).
Shorter copyright terms could expand cultural innovation.
3 — Corporate Double Standards and AI Art
Steamboat Willie - Public Domain
Disney famously built its empire on public-domain stories yet actively lobbied to extend copyright protection for characters like Mickey Mouse (Bosman, 2024). At the same time, corporations like Disney and Universal have pursued legal action against AI companies, arguing infringement over AI-generated content (Barnes, 2025).
Meanwhile, individual artists like myself often face scrutiny for using modern tools such as:
AI-generated references
Projectors for underdrawings
Photo studies
This raises an important question: Who decides what's acceptable innovation, and what's unfair use?
4 — Practical Tips for Art Collectors: Navigating Public Domain and AI
When Copyright Helps:
Easy to verify limited editions
Resale value protected
Clear legal recourse
When Copyright Expires:
Market can become flooded with similar imitations
Distinguishing original from remix can become complicated
Authenticity requires additional verification
Collector’s Tip: Before purchasing an artwork—whether an original or a print—ask the artist how the image was created. Did they use AI-generated references, photo studies, or other digital tools? This helps you assess the originality of the piece itself, and in the case of prints, confirm the authenticity and edition details of the reproduction.
Note: All of my prints are currently open edition. I do not offer limited edition prints at this time. My open editions are available through Fine Art America (print-on-demand), and I also bring open edition prints to art markets here in Edmonton. A separate blog post on the difference between open and limited editions is coming soon.
Why it matters:
Prints are reproductions, so their value depends on transparency, quality, and rarity—not just the image itself.
If you're investing in a piece, knowing whether it was created fully by hand, with photo references, or with the help of AI tools gives you a clearer picture of what you're buying.
This insight can help you decide whether the work aligns with your values and collecting goals.
📌 FAQ: What About Fan Art?
Many artists create pieces inspired by popular culture—like Darth Vader, Disney princesses, or Marvel heroes. But here’s the catch:
These characters are protected by copyright. Using them in art without a license is technically infringement—even if the artwork is original.
While fan art is common (especially at conventions or online), big companies usually ignore small-scale creators unless the work goes viral or becomes profitable.
Collectors beware: Unlicensed fan art may have no resale value, and platforms can take it down. Buying it is usually fine for personal enjoyment—but it’s not considered an investment-grade purchase.
🧠 Smart collector tip: If a piece features a well-known character, ask whether the artist has a license or if the character is now in the public domain. This protects you from legal or ethical surprises later on.
Final Reflection: Is AI Art “Real”?
Should artistic ideas be forever guarded?
Is remixing existing artwork theft, or a form of tribute?
How do we honor both artistic tradition and innovation?
For me, questions about AI and copyright always return to a simple truth: Creativity is a continuous process of carrying the story forward—and then passing it on.
🖼 Tips for Collectors (Save/Reuse Box):
Verify originality: Ask artists about AI usage, references, or edition size.
Match meaning to memory: Water-themed art symbolizes reflection and identity—note why that resonates with you.
See texture up close: Schedule a studio visit (virtual or in-person) to view brushwork.
Even if you’re collecting prints, connecting with the story behind the piece enhances its meaning. When a painting reminds you of a personal memory—like swimming, healing, or solitude—it becomes more than décor. And seeing the brushwork in person or virtually helps you appreciate the time, skill, and texture that went into the original work, deepening your appreciation as a collector.
References (APA 7)
Barnes, B. (2025, June 11). Disney and Universal sue A.I. firm Midjourney for copyright infringement. The New York Times. https://www.nytimes.com/2025/06/11/business/media/disney-universal-midjourney-ai.html
Bosman, J. (2024, January 1). Mickey Mouse enters the public domain: What happens now? The New York Times. https://www.nytimes.com/2024/01/01/arts/public-domain-mickey-mouse.html
Canadian Intellectual Property Office. (n.d.). Copyright – Learn the basics: Protect your original works and learn why copyright matters. Innovation, Science and Economic Development Canada. Retrieved August 6, 2025, from https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/copyright-learn-basics/copyright-learn-basics-protect-your-original-works-learn-why-copyright-matters
Hudson, L. (2012, July 10). Batman's bio: How two crime-fighting legends led to one Dark Knight. Wired. https://www.wired.com/2012/07/pl-prototype-2/
