Do DALL·E-generated images receive copyright protection?
I was recently asked in a WA Live Chat whether DALL·E-generated images receive copyright protection. I believe the answer is yes, but to be sure, I decided to ask ChatGPT (DALL·E’s “big brother”). Here’s the response I received from GPT—hopefully it will be useful to you as well:
Short Answer
Yes. Under OpenAI’s current Terms of Use, you (the user) generally own the rights (including copyright) to images you create with DALL·E—subject to certain rules and limitations in the policy. However, copyright laws around AI‐generated content are still evolving, so legal questions can be complex. Below is a more detailed explanation.
How OpenAI’s Policy Works
1. User Ownership of Outputs
• OpenAI’s Terms of Use state that you own the rights to the content you create with DALL·E (often referred to as “User Content” or “Generations”).
• This grants you permission to use, reproduce, sell, and display your DALL·E-generated images.
2. Content Policy Compliance
• OpenAI requires that your images comply with its Content Policy. If your generated image violates the policy (e.g., disallowed content), OpenAI may revoke access or remove the content.
3. Responsibility for Infringement
• If you use DALL·E to create images that infringe someone else’s copyrighted or trademarked work (for instance, a famous character or a protected logo), that responsibility lies with you. You must ensure your prompts and outputs do not violate others’ intellectual property rights.
The Legal Landscape for AI-Generated Art
1. Copyright Law in General
• Copyright law protects “original works of authorship” fixed in a tangible medium. The question is whether AI-generated art meets the standard for “human authorship,” which is a topic of ongoing debate worldwide.
• In many jurisdictions, if there is a human creative contribution—for example, your specific prompt, curation, or editing—that meets the threshold of originality, you may claim copyright.
2. U.S. Copyright Office Guidance
• Recent guidance from the U.S. Copyright Office emphasizes that completely autonomous creations by an AI (with no human involvement) are not eligible for copyright.
• However, if there is sufficient human involvement—such as crafting detailed prompts, making selective edits, or combining AI outputs with original human expression—then you typically can copyright the result.
3. International Variations
• Other jurisdictions, such as the UK, have slightly different laws. For example, the UK’s Copyright, Designs and Patents Act includes specific language about “computer-generated works,” giving the “person by whom the arrangements necessary for the creation … are undertaken” the authorship.
• So, depending on where you live, the specific legal framework may vary.
Practical Takeaways
1. You Generally Have Rights Under OpenAI Terms
• From a contractual standpoint (i.e., your agreement with OpenAI), you own the images you create and can use them for personal or commercial purposes.
2. Stay Within the Policy
• Be mindful of OpenAI’s usage guidelines and local laws on copyright and trademark.
3. Registering Copyright
• If you plan to use DALL·E outputs commercially (e.g., selling prints or licensing the images), consider consulting a legal professional regarding copyright registration in your country.
4. Monitor Legal Developments
• Laws and guidelines around AI art are in flux. Keep an eye on updates from your local copyright office and from OpenAI’s policy updates.
Bottom Line
Under OpenAI’s Terms of Use, you own the rights to DALL·E-generated images you create, subject to policy compliance. In a broader legal sense, most jurisdictions are moving toward recognizing copyright in AI-assisted works if there is a meaningful human contribution. Always ensure you abide by copyright and trademark laws, and if in doubt—especially for commercial projects—seek legal advice.
Happy AI creations!
To our success!
Boris
Recent Comments
10
I laughed when I read that you asked ChatGPT about the copyright of DALL·E-generated images. Something tells me it'll be bias the answer. Here's what I done on client projects requiring images. If I couldn't find a relevant CC0 image, I'd use AI images and somewhere on the page, I'd put the disclaimer. "image generated by A.I". No mention of which platform, just that it was. I think for any images made with AI with the intent on using them commercially, regardless of the originality of the prompts used, I'd be inclined to do a reverse image search to make sure it's not too similar to someone elses design.
As for authorship, IMO, it comes down to ethics. Some people say there's no harm in claiming authorship to an image created using a tool. I say, it depends. To use an example, we recently bought a pet urn. It turned out beautiful. What if though, it turned out shoddy and the company used a small print disclaimer like images generated by AI and are in no way are representative of the finished product. I'd be livid! That's an advertising thing though. Not copyright. Still, I think it illustrates the point of ethics when using ai images.
As to copyright, I don't think any country has addressed it. To my knowledge, it's the authorship that can be copyrighted (or contended). The prompts. Not the output. I could be wrong.
In the UK, it's the UK Intellectual Property Office (IPO) that deals with copyright and they've been having consultations on this for years. I think every country's the same. IMO, our best bet is to Google search "[country] + copyright specialist", then use the site operator to search the top result for "ai images". In my case: site:https://vwv.co.uk ai images.
Anyway, thanks for reminding me of the ai and copyright rabbit hole. That's a big discussion lol.
Thanks for your comment, Robert. You probably right about biased ChatGPT's answers. I've decided to ask Grok-2 (unbiased and unrestricted AI) the same question. Here's what I've got:
DALL·E-generated images, like those from other AI systems, face a complex situation regarding copyright protection. Here's a breakdown:
U.S. Copyright Law Perspective:
The U.S. Copyright Office has stated that works created by AI without human authorship cannot be copyrighted. This was emphasized in decisions involving AI-generated content where no human creative input was claimed. However, if a human significantly modifies the AI-generated image or if the AI's output is part of a broader creative work where human authorship is evident, there might be a case for copyright.
Human Authorship Requirement:
Copyright law generally requires human authorship. For AI-generated images, this means the person who inputs the prompts or modifies the image output might claim copyright on the basis of their creative choices in how the AI was directed or how the outputs were curated or altered.
Case-by-Case Basis:
Each case might be considered individually. If an artist uses DALL·E as a tool but adds significant creative input, they might argue for copyright protection over the final work. However, the raw output from DALL·E, without human modification, would not typically be copyrightable.
International Variations:
Copyright laws can vary significantly by country. In some jurisdictions, there might be more or less flexibility regarding AI-generated content. However, the trend seems to be moving towards recognizing human involvement in AI-assisted creations.
Current Practices:
Many companies, including those developing AI like DALL·E, have terms of service that might govern how their outputs can be used. They might retain some rights or impose limitations on commercial use of generated images.
Legal Precedents and Future Developments:
As AI technology evolves, so might legal interpretations. There's ongoing debate and potential for new legal precedents. For instance, courts might eventually consider the degree of human creativity involved in AI prompting or editing as sufficient for copyright.
Given this landscape, if you're considering using or commercializing DALL·E-generated images:
Consult legal advice: For specific scenarios, especially if you're looking to commercialize or distribute these images, consulting with a legal professional is advisable.
Understand the terms of service: Look into what rights you have over the images generated by DALL·E under the platform's terms.
Document your process: If you modify or curate AI-generated images, document your creative process to potentially strengthen any copyright claims.
In summary, while AI-generated images like those from DALL·E do not automatically receive copyright protection, there can be nuances depending on human involvement, jurisdiction, and specific legal interpretations.
Hello Boris,
I've been learning so much about AI recently but I have to admit I'd not considered Copyright. My Bad!
Thank you for this information.
Jackie
See more comments
Interesting to learn Boris... I was always under the impression that all images we create using AI are ours and ours alone!!!
I'll just keep on doing what I'm doing my friend! :-)
Thank you for your input, Jessiefido!
All the best,
Boris
Most welcome my friend! :-)