As AI art becomes ubiquitous in commercial projects, understanding the legal landscape is critical to protecting your business.
Can You Copyright AI Art?
Currently, the US Copyright Office states that purely AI-generated images cannot be copyrighted because they lack "human authorship." However, if you substantially edit, overpaint, or combine AI pieces together into a highly modified final composition, you may be able to copyright the human-added elements of the work.
Commercial Use Rights
Commercial use is dictated by the Terms of Service of the platform you use. Midjourney: Paying members get full commercial rights to use the images. DALL-E 3: OpenAI grants full commercial rights to all users, regardless of tier. Stable Diffusion: As an open-source model, you own the output, but must be cautious of the specific license of downloaded custom/community models.
Best Practices for Agencies
If you run an agency submitting work to clients, transparency is key. Never pass off raw AI generations as hand-crafted original illustrations. Use AI for ideation, moodboards, and asset generation, but disclose this to your clients to avoid liability issues down the line.
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