As AI image generation becomes more popular, it sparks curiosity and excitement. Have you ever wondered about the legality of selling AI-generated images? Who truly owns the rights to these AI-generated images? Is it the creator or the website or app that generates them?
Moreover, are AI-generated images copyrighted?
Is it legal to use someone else’s AI-generated image without permission?
You’re not alone. These are real concerns that many people share. Take just 5 minutes to read this article and learn more about the copyright of AI-generated images.
What is Image Copyright?
Image copyright refers to the legal protection granted to the creators of visual works. Your photographs, illustrations, and graphics are all eligible to have copyrights. Simply put, if you create an image, you own its copyright.
When someone creates an image, its copyright automatically belongs to the creator. Therefore, you can decide how to use and distribute the image as the creator. You don’t need to include a copyright notice or register your work with a copyright office.
Image copyright ensures that creators can control their work. And the creator can benefit from his or her creations. Others cannot copy, distribute, or use the image without permission.
However, infringing on image copyright can lead to legal consequences. Therefore, it’s crucial to understand and respect image copyright laws, both as a creator and as a user of visual works.
What are AI-generated images?
AI-generated images are artworks created using artificial intelligence. It’s like having a computer that learns to draw by studying lots of pictures and making art. The computer adjusts its methods to better imitate human artists’ creations.
You’ve probably seen an AI-generated image on social media. Most published AI images come from popular AI tools like Midjourney, Stable Diffusion, and DALL·E 3. These tools enable anyone to create amazing AI-generated images, even without drawing skills.
The magic behind AI-created images is deep machine learning and neural networks. These technologies help computers understand images and mimic human drawing styles. Believe it or not? They can even create original artwork on their own.
Now, a new question arises: Who owns the AI-generated images? Is it the creator who initiates the process or the AI image generator the creator uses? Keep reading to find the answer.
AI-Generated Images: Who Really Owns Them?
Even though AI has evolved so much, there’s no exact answer to this question.
In principle, the person who comes up with the original idea of the artwork is usually the owner. However, things get a bit fuzzier when it comes to AI-generated images. Both the developer who builds the AI image generator and the user who uses it contribute in some way. Plus, the AI image generator plays a significant role in creating the images.
Different countries have different views on this matter. In the United States, for example, it’s believed that AI can’t own anything. Similarly, Japan’s law says only humans can be considered artwork’ owners. However, as AI technology keeps improving, these laws might need to change.
Different platforms may provide specific statements regarding the ownership of AI-generated images. You can choose what you make when you use websites or apps to whip up AI images. However, the website or app might also have some rights to the AI images you create using their platform.
Lucky for you! Users retain all rights to the AI images they create using PicLumen’s AI image generator. But PicLumen will the license to use, display, and distribute your generated AI images on the company’s platform.
Are AI-Generated Images Copyrighted in the US?
No, they are not. You cannot copyright AI-generated images because they are not human creations. The US Copyright Office clarified that only human-made creations can receive copyright protection.
Why AI Images Aren’t Copyrighted?
AI-generated images do not qualify for copyright since they lack human authorship. Entering a prompt into an AI generator is not considered an act of creativity. The Office compares this to instructing an artist, which does not count as creating original work.
When AI-Generated Content Can Be Protected?
However, if a person modifies or arranges AI-generated images creatively, that modified part may have copyright protection. The human contribution must be original and substantial. For example, if an artist enhances an AI-generated image with creative modifications, those changes can get copyright protection.
Partial Protection for Mixed Works
In works that combine AI-generated and human-made content, only the human-created parts are protected by copyright. This ensures that while AI-generated content remains unprotected, human creativity is recognized. Kristina Kashtanova’s case was an example, as only her contributions received copyright protection.
Moreover, applicants must declare if AI was used in their work when applying for copyright registration. This helps the Office determine what part of the work qualifies for protection. Previous applications without this declaration need to be updated.
Anyway, you cannot copyright AI-generated images. However, you can protect human modifications or creative arrangements of such images. The key factor is the presence of human originality in the work.
Is It Legal to Use AI-Generated Art to Sell Merchandise?
Is it legal to use AI-generated art to sell merchandise? It’s complex. Here’s a simplified breakdown based on advice from our company’s legal team:
Copyright and AI Images
AI-generated images cannot own copyright protection. However, things are different if they are part of a larger work, such as a storybook or graphic novel. The copyright would apply to the whole work, excluding the AI-generated images.
Licensing and Commercial Use
You can license AI images for use, and the type of license you need depends on the specific AI tool and its terms of use. For example, you can use images created with Midjourney for commercial purposes only under a subscription plan. You can’t use images created under a free plan or by other users.
Respecting Intellectual Property (IP)
Even with AI-generated images, you must respect existing intellectual property rights. Creating an AI image of a well-known character like Mickey Mouse would still infringe on D**ney’s rights.
Practical Example
Suppose you’re running a T-shirt business and using an AI tool to create fantasy world scenes. If the AI tool’s licensing terms allow for commercial use, you can legally use those images on your T-shirts.
Potential Legal Risks
If your AI-generated images closely mimic an artist’s style, the artist might claim infringement and sue you. Winning such a lawsuit might be likely, but it would still consume considerable time and money.
Using AI Images: What You Need to Watch Out?
As we create and use AI-generated images frequently, understanding the nuances of their use is crucial. Here are some key points to watch out for when using AI images.
Copyright and Licensing
AI-generated images cannot be copyrighted since humans do not create them. However, the software or platform you use to make these images will have its licensing terms. Always check the licensing agreement of the AI tool you are using. For example, some tools may allow commercial use only if you have a paid subscription.
Intellectual Property (IP) Rights
Be cautious not to infringe on existing IP rights. Using AI to create images that closely resemble copyrighted characters or works, like Mickey Mouse, can lead to legal trouble. Even if AI generates the image, it can still violate the rights of the original IP owner.
Human Contribution
If you modify or creatively arrange AI-generated images, your contributions can be copyrighted. Make sure that your changes are substantial and original.
Declaration of AI Use
When submitting works that include AI-generated content for copyright registration, you must declare the use of AI. This transparency helps determine what parts of the work can be protected by copyright.
Ethical Considerations
Ethically, it’s essential to consider the impact of using AI-generated images. Ensure your use of AI respects the work of human artists and does not plagiarize or unfairly mimic their styles.
Potential Legal Risks
Even with permissions and proper modifications, there may be risks. An artist might feel that your AI-generated work infringes on their style and could pursue legal action. Being prepared for such possibilities, though rare, is crucial.
Remember that even though AI offers incredible possibilities, only humans can add value and originality to your work.
