Preservation vs. Fabrication: An Ethical Framework of Consent, Transparency, and Integrity for Posthumous AI Art

Xiantao Zhang

Keywords: Generative AI, Posthumous Art, Ethics, Artistic Integrity, Position Paper

TL;DR: This paper proposes an ethical framework based on consent, transparency, and integrity to prevent AI from fabricating new works for deceased artists.

Abstract:

Generative AI's evolution from stylistic mimicry to the digital resurrection of deceased artists poses a profound ethical challenge to artistic integrity and cultural heritage.
This position paper argues that posthumous creation by AI becomes a fundamental transgression when it moves beyond restoration to fabricate new works.
We draw a sharp distinction between the legitimate use of AI as a tool to realize an artist's verifiable intent and its ethically impermissible use as an agent of resurrection that fabricates new works.
Our argument draws on a philosophical critique of authenticity and Walter Benjamin's "Aura," a review of inadequate legal frameworks, and a case study typology that illustrates a spectrum of ethical acceptability.
In response, we propose a normative ethical framework grounded in three core principles: (I) the primacy of the artist's explicit, prior consent; (II) mandatory and permanent transparency in labeling; and (III) a Principle of Integrity, enforced by a Non-Transcendence Rule which dictates that AI may be used to fulfill intent but never to invent it.
This framework offers clear, actionable guidance for stakeholders to ensure that technology serves to preserve, rather than corrupt, the authentic human essence of our artistic legacies.

Submission Number: 1