The way we create and source visual content has undergone a remarkable transformation. Like many forward-thinking players in advertising, branding, and marketing, we create custom, brand-aligned visuals using AI for our clients' websites, social media channels, publications, and various growth assets.

But there's one question that keeps popping up in our client meetings and industry discussions: "What about the copyright situation with AI-generated images?" It's a valid concern, and we've noticed some confusion and misconceptions floating around in the creative community. That's why we decided to share our insights on navigating the world of AI image copyrights and usage.

Whether you're a fellow agency professional, a marketing director, or an entrepreneur building your brand, understanding these copyrights lets you confidently leverage these image production tools in your work.

Let's dive into it!

So what is copyright law?

Copyright law is designed to protect creators and their original works. Traditionally, when someone creates a painting or a photographer captures an image, they receive exclusive rights to use and distribute that work. But the emergence of AI-generated images has introduced complexities to this framework.

The Human Touch: Where AI and Copyright Intersect

Here's where things get interesting: The U.S. Copyright Office has taken a clear stance that copyright protection extends only to human-created works. This means that images generated purely by AI tools like Midjourney don't automatically receive copyright protection. Think of it this way: while you might have crafted the perfect prompt to generate that stunning visual, the image comes from the AI, not directly from your human hands.

Commercial Usage: Navigating the New Landscape

For businesses and agencies using AI images in branding and marketing, understanding the commercial implications is crucial. As Midjourney premium subscribers (paid subscribers), we can use AI-generated images for commercial purposes – whether that's marketing materials, website design, or product packaging. However, there's an important distinction: while we can use these images commercially, we don't have exclusive ownership in their pure, unmodified form.

Modified AI Images

This brings us to one of the most exciting aspects of working with AI-generated images: transformation. When we take an AI-generated image and apply significant creative modifications – perhaps through digital artistry, photoshopping, composition adjustments, or brand-specific enhancements – we're creating something new. These modified versions can (potentially) qualify for copyright protection, provided our creative input is substantial and original enough.

Key Takeaways: AI Images & Copyright

Based on our experience at CGL Agency, here are key considerations for using AI-generated images in your marketing efforts

AI Images Aren't Copyrightable (On Their Own)

Raw AI-generated images don't qualify for copyright protection because they're not created by humans. The U.S. Copyright Office is crystal clear on this: human creativity is required for copyright protection

Commercial Use? Yes, But With Rules

• As a Midjourney premium subscriber, you can use the images commercially (websites, ads, social media)

• You don't get exclusive rights though - Midjourney keeps some rights to use the images too

Make It Your Own

• Transform AI-generated images significantly with your own creative input

• Once you've added substantial human-created modifications, your new version might qualify for copyright

• The key is meaningful creative transformation, not minor tweaks

  
  

Play It Safe

• Always check your AI platform's terms of service (in this artickle, we discuss Midjourney)

• Don't try to generate images that copy existing copyrighted works

• When in doubt, document your creative process

  
  

The Bottom Line

• You CAN use AI images for marketing and branding

• You DON'T get exclusive copyright on unmodified AI images

• You MIGHT get copyright protection if you significantly modify the images

• Always follow your AI tool's terms of service.

Remember: This field is evolving rapidly, so staying informed about the latest guidelines is crucial for any marketing professional. While current U.S. Copyright Office guidance is clear about AI-generated works, ongoing legal discussions about AI training data and fair use may shape future practices.

Let's talk.

Have questions about implementing AI-generated imagery in your brand's visual strategy? We'd love to hear from you and share our experiences in brand-fitting image production and navigating this new frontier in creative design!