Using an AI tool does not automatically resolve copyright questions. The rules depend on the country, content and how it was created. This article provides checks to consider; it does not replace a legal professional’s assessment of a specific case.
Identify human authorship
In its January 2025 report, the U.S. Copyright Office distinguishes expressive elements determined by a human author from elements produced by a machine. Creative arrangements or modifications can matter; providing prompts alone is insufficient. This U.S. analysis does not establish the rules for every country.
Read the tool’s terms
Check the terms covering the account used, the creation date and the intended commercial use. A provider’s permission for commercial use does not guarantee copyright protection for every output or the absence of third-party rights.
Review the project’s materials
Check licenses for imported images, fonts and text. Review trademarks, recognizable characters and depictions of people too. Do not assume an image is free of third-party rights because it was generated.
Keep records of your work
Retain sources, versions, permissions and your own modifications. For commissioned work, clarify which tools were used and which rights you can actually transfer. Check disclosure requirements for the relevant country and context rather than applying one blanket rule to all content.
Source: U.S. Copyright Office, Copyright and Artificial Intelligence, Part 2 and the January 29, 2025 announcement.
