Does Copyright Apply to AI-Generated Images?

The question of whether an image generated by an AI system is covered by copyright is a pertinent one. In reality, the subject is complex, and is subject to legislative changes in different countries. In view of the lightning progress made, some official institutions have not hesitated to take a stand.

Two Types of AI Creations for Images

According to legal experts specializing in copyright, there are two types of AI creations concerning images:

Computer-Assisted Creations: These are independent of the AI software, which simply acts as a tool in the creation process supervised by a human being.

AI-Generated Creations: These are created spontaneously by artificial intelligence, without human intervention being a determining factor in the creation process.

In the first case, it is conceivable to consider that the author’s intervention remains and can be protected by specific rights. Conversely, in the case of a creation generated spontaneously by artificial intelligence, the debate is fairly wide-ranging.

Who Can Claim Authorship?

In most cases, the intellectual property of images generated by artificial intelligence is attributed to the person or company who created the model or program. This means that even if the images are based on indications provided by other people, the creator of the model or program is generally considered to be the copyright holder.

However, there are exceptions:

• Work for hire: If images are considered work carried out on behalf of a third party, copyright may belong to the commissioner
• Shared ownership: In cases where multiple parties contribute (e.g., a client provides a learning model to a designer), intellectual property could be shared

The US Position

In 2023, the US Copyright Office (USCO) stated that visual content produced by artificial intelligence cannot benefit from copyright protection. Even if AIs work on the basis of human parameters to generate results, it is not possible to recognize the authorship of the works produced via copyright.

According to the USCO:

• The degree of creativity is essential in determining copyright protection
• AI models are currently incapable of reproducing this creativity without human intervention
• People using AI services do not have absolute control over how works are produced

Ongoing Legal Battles

In the United States, artificial intelligence software publishers are the subject of legal proceedings. They are accused of infringing the copyrights of artists whose works feed the databases. The judgments are eagerly awaited, as they will serve as precedents for future cases.

What This Means for You

The world of visual content creation is experiencing a revolution in copyright law. When using AI-generated images:

1. Check the terms of service of your AI tool
2. Understand what rights you’re granted
3. Consider consulting a legal professional for commercial use
4. Use platforms like All Images that provide clear licensing terms

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All Images provides clear, commercial-friendly licenses for all generated content. Learn more about our licensing or start creating.