By Julius Melnitzer | December 21, 2025
“The digital age simply provides a new context for traditional IP questions around authorship, originality, ownership, and the fair use of art” — Eloise Calder
In an increasingly digital world, technologies like generative AI have made efficiency key, amplifying the desire for instant gratification and shortening attention spans – a challenging environment for both the creation and consumption of art. With the invention of technological disruptors, art can be produced by a computer at the click of a button. This begs the question, what qualifies as “art” and how is this changing in the digital age?
“The concept of art and what qualifies as art is always evolving and being challenged,” says Eloise Calder, a member of the litigation and commercial team at AJ Park, part of the IPH network, in an email response to questions submitted by IPHQ News. “It wasn’t all that long ago that people were questioning whether sculptures made of industrial materials could qualify as art, or whether a photograph could be protected as a work of artistic expression.”
Understanding the parameters of what can legally constitute as art has always been essential for artists looking to protect and commercialise their work.
Disruptive, Rapidly Evolving Technologies
Nowadays, the conversation around what qualifies as “art” has been further disrupted and challenged by artists who engage the creative process by delegating to artificial intelligence (AI).
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