Understand who owns the output, the limits of fair use, and the best practices for safely selling or licensing your AI artwork.
Can you legally sell an AI-generated illustration to a client? What if it was trained on copyrighted photographs? This guide demystifies the current legal landscape (US/EU-centric) so you can monetise your work with confidence.
In most jurisdictions the **human** who provided the creative input owns the result, *not* the model vendor. You must contribute meaningful creativity (prompt crafting, edits, composition choices) for copyright to attach.
Using a model trained on copyrighted data does *not* automatically infringe. Courts look at the similarity of the *output* to any specific copyrighted source (the "substantial similarity" test).
In the US, transformative purpose, amount taken, market effect, and nature of original all matter. Purely decorative commercial use is *less* likely to be fair use than commentary, parody, or research.
Spell out in writing: 1) that the image is AI-assisted, 2) you own/transfer copyright, 3) any model licence requirements (e.g. no logo usage). Offer indemnity only if you’re comfortable absorbing risk.
Safe for merchandise after verifying no trademarked skyline silhouettes are recognisable.
Intentionally excludes third-party branding to reduce infringement risk.
Remember that AI image generation is both an art and a science. These techniques provide a foundation, but experimentation and practice are key to mastering your craft. Don't be afraid to break rules and try unconventional approaches!