The Studio Ghibli Dilemma – Copyright In The Age Of Generative AI

Neither OpenAI nor Studio Ghibli responded to requests for comment for this story. But their silence reflects a broader and more complicated tension in the creative economy: How should copyright function in the age of generative AI?

With tools like DALL·E 3 now capable of producing highly specific, stylized content, a growing number of artists and companies are finding their aesthetic signatures replicated without compensation, control or consent.

While the legal system is still catching up to the technology, experts say key copyright principles remain applicable — even amid the novelty of machine-generated content.

Legal Underpinnings Of Studio Ghibli’s Style

Studio Ghibli’s charm lies in its visually distinctive storytelling. But can “style” be copyrighted?

It depends.

“Studio Ghibli may have trade dress, trademark, and copyright protection for its distinctive style,” explained JD Harriman, a partner at Foundation Law Group in Los Angeles, in an email response. “The characters that SG has created have both copyright and trademark protection. Any characters created in the SG ‘style’ may run afoul of these rights if it looks too similar to an SG character.”

Harriman noted that trade dress, which traditionally protects the look and feel of commercial products, could plausibly extend to animation styles — especially when the public explicitly associates that style with a specific studio or creator. “Where the AI-generated images are specifically identified as Studio Ghibli style drawings… the use moves deeper into infringement of both trade dress and trademark rights,” he said.

Yelena Ambartsumian, an IP attorney and founder of Ambart Law, agreed. “Courts may consider whether the AI-generated content is ‘substantially similar’ to Studio Ghibli’s works and whether there is a likelihood of consumer confusion,” she wrote in an email response. “If a reasonable consumer is led to believe that Studio Ghibli authorized or endorsed the AI-generated content, there may be grounds for trademark infringement.”

Studio Ghibli Fair Use or Generative AI Fuzzy Logic?

One possible defense for AI users is fair use, the legal doctrine that allows limited use of copyrighted material without permission under certain conditions. But applying fair use to AI-generated content is anything but straightforward.

“Nothing is used more, and understood less, than ‘Fair Use,’” Harriman quipped. He clarified that nonprofit, educational and personal uses are generally more favorable under the four-factor test, while commercial use is less protected. “Consumers making drawings and sharing with friends in the SG style are probably okay. But the AI engine that makes it possible — if it is charging users to use the system — could be viewed as a commercial actor and face risks of IP infringement.”

Ambartsumian echoed that sentiment: “Even if individual users are not directly profiting, the fact that the underlying AI systems are monetized could weigh against a finding of fair use.” She added that courts may also examine the “transformative” nature of the work — whether it adds new expression, meaning or message. “AI output that merely imitates an existing artistic style may not be transformative enough.”

Studio Ghibli Questions, Precedents, Pending Cases And Practical Steps

So far, no definitive case law addresses AI-generated art imitating a studio’s signature aesthetic. But several lawsuits — including the New York Times’ complaint against OpenAI and a class-action suit by visual artists against Stability AI — are expected to shape the legal boundaries.

“The issues are similar in a broad way,” said Harriman. “AI ingestion of copyrighted works without express permission and exploitation of IP-protected material without permission.”

Until clearer guidelines emerge, both experts advise creators to be proactive.

“Registering a copyright in a timely manner opens up a myriad of advantages,” Harriman said. “These include access to statutory damages and attorneys’ fees — rights that are unavailable to non-registered holders.”

Ambartsumian also recommends that rights holders “establish robust IP enforcement strategies, including the use of digital watermarking and licensing frameworks,” as generative AI technologies become more widespread.

A New Creative Paradigm Or Studio Ghibli Legal Quagmire?

The current landscape evokes the early days of the internet, when questions about digital sampling, remix culture and Napster-style file sharing outpaced existing laws. What’s new is the speed and scale at which AI can now replicate — and distribute — copyrightable material.

“There is growing concern that AI-generated content may devalue or dilute the market for original creative works,” Ambartsumian warned. “If companies like Studio Ghibli lose control over how their artistic identity is used, it could undermine their brand integrity.”

Harriman was more wry in his observation, “Picasso famously said, ‘Art is theft’ — but he still liked to get paid.”

While courts, lawmakers and tech platforms grapple with the implications, one thing is clear — the line between homage and infringement is being redrawn in real time.

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