Mike Tennant, Chartered Trade Mark Attorney and Director, Tennant IP
Artificial intelligence and the world of IP are currently at loggerheads, with two key cases currently ongoing: Getty v Stability AI in the UK courts and Disney v Midjourney in the US. Whilst the legal systems of the world catch up to the AI issue, creatives and academics have been implementing their own action to protect their works.
A remarkable tool called Nightshade is making headlines for allowing artists to “poison” their digital artwork in order to fight back against AI companies that use it without consent. While it sounds like something out of a sci-fi film, the reality is rooted in a serious legal and ethical concern: how do artists maintain control over their creative work in a world of AI models that learn from everything they can scrape online?
I’m going to explain what Nightshade does, why it’s getting attention—and what this means for you, whether you're a digital artist, creative professional, or business owner.
The Problem: AI Trains on Your Work Without Asking
AI image generators like DALL·E, Midjourney, and Stable Diffusion rely on huge datasets to “learn” how to make realistic images. These datasets are usually scraped from the ‘open’ web, meaning that if you’ve ever shared your artwork online, it could be used—without your knowledge or permission—as training data.
For many artists, this isn’t just annoying. It’s damaging.
- AI-generated images can closely mimic their style.
- Their work may be diluted or misrepresented.
- And they aren’t being compensated for any of it.
The Solution: What Does Nightshade Actually Do?
Nightshade is a tool developed by researchers at the University of Chicago. It allows artists to subtly modify their artwork in a way that tricks AI systems into misinterpreting it.
Here’s our interpretation of how it works in plain English:
- It adds tiny changes to pixels that you won’t notice.
- But when an AI model sees the altered image, it gets “confused.”
- The result? The AI may misclassify the image (e.g., a dog becomes a toaster), making the data useless for training.
This approach is called an “adversarial attack,” and it’s meant to pollute the training data AI companies rely on—without ruining the art for humans.
Clever, Yes—but It’s No Legal Substitute
At Tennant IP, we think Nightshade is a brilliant technical workaround—but it’s not a legal solution. It’s a form of self-defence, not protection under law. That’s where we come in.
There are several limitations:
- It only affects future use, not AI models that have already scraped your work.
- AI companies might learn to bypass it by cleaning datasets.
- And ultimately, it doesn’t stop your work being copied, modified, or shared without permission elsewhere.
The real issue is one of rights and enforcement. Creatives need IP frameworks, clear consent-based AI practices, and legal representation when their work is used unfairly.
What Can You Do Right Now?
Here’s our advice to artists, designers, illustrators, and creative professionals who want to stay one step ahead:
1. Use Tools Like Nightshade and Glaze
These can add an extra layer of technical protection to your images, especially when uploading new work online.
2. Register and Record Your Work
In the UK, you don’t need to register copyright—but having evidence of creation (e.g. timestamps, stored files, contracts) helps in disputes.
3. Set Clear Terms on Your Website
Include copyright notices, licensing terms, and use restrictions. These won’t stop bad actors, but they help you make a case if infringement occurs.
4. Work with an IP Professional
A Chartered Trade Mark Attorney can help you protect your brand, artwork, and online assets from infringement—whether by AI or otherwise.
The Bigger Picture: AI and IP Law Is Evolving
Governments are starting to catch up with the speed of AI innovation. In the UK and across the EU, discussions are underway about:
- Requiring AI companies to declare training data sources
- Compensating creators for data use
- Giving artists the right to opt out of AI training
It’s slow-moving, but progress is happening. And artists who act now—by securing their rights, using technical tools, and seeking expert advice—will be in the strongest position when the law catches up.
Final Thoughts from Mike Tennant
To the creative business industry, AI may seem like a useful tool to speed up and automate areas of work, but we would suggest that AI represents at best, a devaluing tool for creative work and at worst, an existential threat to some industries.
We will fundamentally be on the side of the creators and as a firm, we love to see artists taking the initiative. Nightshade is smart, subversive, and empowering. But it’s only one piece of the puzzle.
Legal protection isn’t about being reactive. It’s about being strategic—and proactive.
If you’re concerned about AI using your work without permission, or you want to put the right protection in place before sharing new content online, we’re here to help.
Get in Touch
Have questions about copyright, AI, or protecting your creative work?
Speak to Mike Tennant or one of our Chartered Trade Mark Attorneys today.
📧mike@miketennantip.co.uk
📞 01633258792
🌐 https://tennantip.co.uk
