33 AI Outputs and Intellectual Property

Who own this image?

The image on this page was created by Open AI, DALL-E, via ChatGPT. Who owns this image? The prompt (input) to create the image was generated by a human, however, the output was produced by technology.

AI-generated images, such as those created by OpenAI’s DALL-E, can raise complex issues regarding copyright. Generally, for a work to be eligible for copyright, it must be the result of human authorship. Since AI lacks human creativity and intentionality, AI-generated works do not qualify for copyright protection under current U.S. law. Therefore, OpenAI cannot claim copyright ownership over images produced solely by DALL-E. Instead, OpenAI licenses these images under terms that grant users broad usage rights, reflecting the unique nature of AI-generated content.

A broad user right refers to a set of permissions that allow users extensive freedom to use, modify, distribute, and display a work without significant restrictions. In the context of AI-generated images, this means users can typically use the images for various purposes, including commercial use, without needing to obtain further permissions or pay royalties. This approach facilitates wide accessibility and utilization of the content, reflecting the non-human authorship of the AI-generated work.

According to OpenAI’s policy, you own the images you create with DALL-E, giving you the right to reprint, sell, and merchandise them, whether the images were generated using free or paid credits. However, according to the Copyright Office, the image can’t be copyrighted as a human creator is needed. AI-generated content can’t be copyrighted because it isn’t considered to be the work of a human creator. The Copyright Office requires that the “traditional elements of authorship” be produced by a human for the work to be eligible for copyright protection.

However, if you modify the AI-generated image significantly, adding your own creative elements or editing it extensively, you may be able to claim copyright for those human contributions. The key is that the human author must demonstrate substantial creative input beyond what the AI generated from the initial prompt. For example, if you take the AI-generated image and enhance it using tools like Photoshop or other editing software, adding unique touches and details, this new work could potentially be eligible for copyright protection. When applying for copyright, you must clearly disclose which parts of the work were created by AI and which parts were your own original contributions.

This work was generated in collaboration with ChatGPT, an AI language model developed by OpenAI.

This work is licensed under CC BY 4.0