Copyright Law Pertaining to AI-Generated Artwork

Artificial Intelligence (AI) has made a significant impact on the world. AI is used in various industries for automation, image recognition, and more. But what about copyright law? Can AI-generated images be copyrighted? In this blog post, we will discuss the answer to this question and how it impacts the website design, marketing and advertising industry as a whole.

At This Time, AI Generated Images Are Not Unique Property

No, AI images cannot be copyrighted, but they can be watermarked and as an agency of professionals who care about the quality of our work on not only our own design assets, but that of our Clients, we strongly recommend that you watermark each and every AI generated image. Copyright law states that any original work created by an individual or organization can be protected by copyright law.  We believe over time that the Copyright Law applying to AI-generated artwork will have no other option other than to adapt to the future of AI generated artwork based on a % of the original artwork brought to a specific AI artwork generator. This would also apply to AI-generated images because they are created using a user’s unique perspective, imagination, and creativity. In other words, if you create an image using AI software and design elements that are your unique work, then it is and should be eligible for copyright protection. 

As Professional Designers, We Believe Copyright Law Should Apply to AI

However, there is an important caveat to consider when dealing with AI images and copyright law.  If the law should change regarding AI generated art, we believe it must contain at least 50% of unique content from the creator. For example, if you use a photograph of yourself or someone else’s likeness in your AI-generated artwork, then you must have contributed at least 50% of the creative elements in order for it to qualify as your own work under copyright law. 

If An Agency Uses Signatured Artwork, Credit Should Be Given If Possible

It is also important to note that AI generated artwork may contain signature elements from other artists which could lead to potential issues when using such artwork in marketing materials or other assets without proper attribution or consent from those artists who own the signature elements. To avoid potential legal issues with third party authorship rights associated with such artwork, it is best practice not to use these images without prior consent from all involved parties. 

While Not Copyrightable, At Least Watermark All AI Produced Work

In conclusion, AI generated images should be watermarked until copyright law catches up with technology and the future of technology.  In the meantime, it is also important to note that such AI-generated images may include signature elements from other artists which could lead to potential legal issues if used without prior consent from all involved parties. As a website design, marketing and advertising professional and/or a agency Client, understanding these concepts can help you ensure your business operates within the bounds of copyright law when utilizing digital assets in your marketing materials and advertising campaigns.

Please read Copyright Law pertaining to AI-generated artwork: https://www.smithsonianmag.com/smart-news/us-copyright-office-rules-ai-art-cant-be-copyrighted-180979808/