AI Images and Copyright

Split it into two questions

Discussions of AI images and copyright often blur together and sound confusing. Splitting them into two questions helps a lot. First, does an image you made with AI get copyright, so you can stop others from using it freely? Second, does the image, or the process that made it, infringe someone else's copyright? The first is about your rights, the second about other people's. Both have different answers in different countries, and with lawsuits and policy debates still running, neither can be answered with certainty.

Does the output get copyright?

Copyright systems in many countries are built on the premise of human creativity. The US Copyright Office has said that only human-made parts can be registered, and in a known case it excluded the AI-generated images themselves while recognising the text and arrangement a person wrote. The Korean government, in guidance issued at the end of 2023, likewise indicated that AI output itself is hard to register as a work and that only parts with human creative contribution may be protected. On the other hand, a court in China ruled in 2023 that an image a person made by repeatedly refining instructions was protected by copyright.

How much human input counts?

There is no clear line yet for how much work makes something your creation. Many take the view that typing a prompt is not enough, though cases like the Chinese ruling above saw it differently. A fairly common view is that selecting and arranging several outputs into one work, or drawing in or heavily retouching parts yourself, may be protectable. Even that can be judged differently case by case. Keeping a record of your process helps if you later need to explain your contribution.

The risk of infringing on others

The more practical concern is infringement. If the output is noticeably similar to an existing work, a famous character or an artist's signature piece, the general view is that being made by AI is no excuse. Also be aware that prompting with an artist's name to imitate their style draws strong objections from creators, whatever the legal verdict. On training data, some countries, such as Japan, allow use for training relatively broadly through a provision in copyright law, but even there official interpretations note that output resembling existing works can be a separate problem. Related lawsuits are under way in several countries.

Read the service's terms first

Something you can check before the law is the service's terms of use. They state who holds rights to the output, whether commercial use is allowed, and whether free and paid plans differ. Terms can change even for the same service, so for uses involving money, such as selling or advertising, save a copy of the terms in force when you used it. And remember that terms permitting commercial use do not solve the infringement problem described above.

Be especially careful with real people and trademarks

An image resembling a real person's face can raise portrait-right or defamation issues separate from copyright. Making an advert-like picture with a celebrity's face may suggest they endorse a product, and with a private individual it can be an invasion of privacy. Using images containing a company logo or trademark on products can lead to trademark problems. Outputs sometimes include unintended logos or signature-like marks, so zoom in and look closely.

Labelling AI-generated content

Requirements to disclose that an image was made with AI are spreading. Many online platforms ask for, or automatically add, labels on generated content, and the European Union's AI Act includes transparency obligations. In Korea, the AI Basic Act that took effect in 2026 contains obligations for businesses related to labelling generated content. What is covered and how depends on the detailed standards, so check the official guidance. Even when posting as an individual, saying so up front reduces misunderstandings and disputes.

Check before you use it

The list below is not legal advice but a checklist to reduce accidents. For uses of any scale, such as selling, publishing or advertising, check the latest official guidance in the country concerned and consult a professional.

• Do the service's terms allow this use?
• Is it similar to an existing work, character or logo?
• Does it resemble a real person or invite misunderstanding?
• Does the place you are posting require an AI label?
• Have you recorded your process and the terms in force at the time?