legal

Who owns the copyright to AI-generated art?

Copyright ownership of AI-generated art is complex and evolving.

Current US position (2026):

  • Pure AI output with no human creativity: Not copyrightable
  • AI-assisted work with significant human input: May be copyrightable
  • The human creative elements (selection, arrangement, modification) can receive protection

What this means practically:

  • Typing a simple prompt likely doesn’t create copyright
  • Significant curation, editing, and creative direction may qualify
  • Each case is evaluated individually

Platform terms vary:

  • Midjourney: You own outputs, need paid plan for commercial use
  • DALL-E: You own outputs with commercial rights
  • Stable Diffusion: Open license, you own outputs
  • Adobe Firefly: Commercially safe, you own outputs

Best practices:

  • Keep records of your creative process
  • Document significant human input and decisions
  • Consult an IP attorney for commercial projects
  • Check platform terms before selling