Welcoming Mara Hoberman in a New Role
We are pleased to welcome Mara Hoberman as Project Manager of the Joan Mitchell ...
Statement on the Use of AI
The Joan Mitchell Foundation recognizes that the rapid development of artificial intelligence-driven technologies makes it possible to animate artworks and still images of people, manipulate film and video, and sample existing audio recordings to generate new speech in the simulated voice of an individual. We are summarizing here the Foundation’s current position on the application of AI with relation to the work and life of Joan Mitchell as a means of establishing boundaries and expectations for the use of Mitchell’s intellectual property, artwork, and likeness. As the landscape of AI technologies continues to change, we will reevaluate this position regularly.
As an artist-endowed foundation dedicated to the legacy of artist Joan Mitchell (1925–1992), the Foundation opposes and will deny any request to animate or manipulate still photographs, audio, and/or moving images of Joan Mitchell’s likeness or artwork, as well as the wholesale generation of audio, moving or still images of Joan Mitchell, or her original artworks, in any way.
We categorically oppose and do not license the use of Joan Mitchell’s works, image and name, and related content by artificial intelligence systems for any data mining purposes, including training, development, testing, or improvement of AI models and technologies. Any such use is expressly reserved.
Such manipulations and generations of new material are in direct conflict with the protection of her legacy, which is central to the Foundation’s mission. We believe Joan Mitchell’s work, likeness, and voice as extant, documented, or recorded before the time of her death constitute a singular, human creative achievement and contribution to society. It is paramount that the integrity of her cultural contribution not be compromised for commercial purposes, financial gain, or entertainment. Unauthorized AI-generated images, moving images, and audio create reputational harm to an artist’s legacy and violate copyright, moral rights, right of publicity, and intellectual property laws of various jurisdictions. AI-produced content also creates confusion in the mind of viewers and strips vital context from historical objects, images, and related materials.
We recognize the power and fully endorse the use of AI by artists for their own creative pursuits. More broadly, however, the use of AI to replace or alter the work of artists devalues human creativity and the work of all artists. We offer this statement in defense of artists’ rights and as affirmation of the essential contributions of artists to the building and sustaining of healthy societies.
Opt-out Clause
Under EU legislation—in particular Article 4 of Directive (EU) 2019/790—and the national laws implementing it in the Member States, this statement constitutes an express reservation and opt-out from the use of Joan Mitchell's works, name, and image by artificial intelligence (AI) systems under the text and data mining exception.
By exercising this opt-out, the Foundation hereby states that no operator may use Joan Mitchell's works, name, or image for text and data mining purposes.
Resources for Artists
In drafting this statement and taking action to prevent generative AI use of Joan Mitchell’s work and persona, we at the Joan Mitchell Foundation referenced a number of guides and resources that may be relevant for other artists and estates.
