Who owns the copyright in AI-generated images? A guide for commercial use
How copyright treats AI-generated images in the US, the UK and the EU, what to check in a tool's licence, and how to use AI images in campaigns without legal surprises.
AI image tools have made campaign visuals faster and cheaper. They have also raised a question every brand should answer before publishing: who owns the result, and can it be used safely?
The United States
The US Copyright Office registers only works with human authorship. Images produced by AI from a prompt alone are not registrable, and courts have upheld the human authorship requirement. Where a person makes creative choices, for example by selecting and arranging AI outputs or editing them substantially, the human contribution can be protected.
The United Kingdom
UK law has a special provision for computer-generated works without a human author: the author is the person who made the arrangements necessary for the work to be created. How this applies to modern AI tools is not settled, and the government has consulted on changes. Treat ownership as uncertain and rely on contracts.
The European Union
Copyright in the EU protects original works that reflect the author’s own intellectual creation. Output with no meaningful human creative input is unlikely to qualify. The EU AI Act adds transparency duties for certain AI-generated content.
What to check before commercial use
- The tool’s licence: does your plan allow commercial use, and who owns the outputs under the terms?
- Indemnities: some providers offer protection against third-party claims for outputs made with their tools.
- Real people and brands: a recognisable face, logo or protected design needs permission regardless of how the image was made.
- Documentation: keep prompts, versions and edits to show your human contribution.
- Labelling: follow platform rules and the AI Act where they apply.
In contracts
Add clauses that say which AI tools may be used, who owns the outputs, who is responsible for clearances and how AI use is disclosed to the client.
How we help
We review AI use in campaigns and productions, set up the paperwork and remove misuse of your likeness or work through the right procedures.
Frequently asked questions
Can I copyright an image I generated with AI?
In the US, material generated by AI without sufficient human authorship cannot be registered. The parts a person creatively selects, arranges or changes can be protected. Other countries apply their own rules.
Can I use AI images commercially?
Usually, if the tool's licence and your plan allow commercial use. Check the terms, keep records, and get permission for any real person, brand or artwork the image shows.
Do I need to label AI images?
The EU AI Act introduces transparency obligations, especially for deepfakes. Platforms also have their own labelling rules for AI-generated content in ads and posts.