Ever since the emergence of artificial intelligence (AI) as a competitive content creator, many people have asked questions in an attempt to understand its place in the field of content creation. Establishing copyright is all but impossible, so another question asked by many is whether it is illegal to sell AI-generated content. Intellectual property and trademark lawyers are in the process of trying to find out.
Copyright Law
In August of 2023, a U.S. court upheld a decision by the U.S. Copyright Office in which they declared that AI bots cannot obtain copyright protection for any piece of art created by them. Copyrighted material has to have some bit of human influence, regardless of how substantial it is. If it is developed entirely by an AI, then it cannot be copyrighted or trademarked.
The implication of this decision is that since AI-generated content and art cannot be copyrighted, then no one officially owns that content. Therefore, no legal action can be taken if that content is stolen. However, the legalities are still unclear, and new developments may result in new laws being enacted at any time.
Who Owns AI-Generated Content?
Technically, no one owns AI-generated content. However, the AI tool that was used to generate said content may have certain rules. For example, if an AI like Midjourney develops content, the content may belong to Midjourney, but it can be licensed for a fee. The company encourages artists to buy a subscription and resell the AI-generated content.
In order to legally resell AI-generated content, the easiest and most reputable way is to purchase a commercial license directly from the AI company that produced the content. This license permits you to use AI-generated images for commercial purposes, like putting AI-generated images on your own products and selling them through user content websites like Etsy or Facebook Marketplace.
Basically, it is completely okay to sell AI-generated content, so long as you do it through the proper channels by obtaining a commercial license. The ownership of this content is not as well-defined as the ownership of content developed by humans, which has a straightforward relationship with copyright and trademark law.
If you would like to sell AI-generated content, it’s wise to consult with a lawyer before doing so. Because AI is a new and largely uncharted aspect of the law, a lawyer’s knowledge is particularly critical.
Conversely, if you would like to register a copyright for a work that you used AI to create, it’s also useful to speak with an attorney. It can be difficult to determine the line between AI-assisted content, which can be copyrighted, and content that was created solely by AI, which cannot be.
Selling AI-Generated Art
Selling AI-generated art is not as easy as you might think. In many ways, it is just like selling traditionally generated art. You need an audience, you need a platform, and you need to be able to market your wares. Here are some reputable ways you can sell AI-generated art you have leased from an AI parent site:
- Stock Image Sites: Selling AI-generated images through stock photo companies like Adobe Stock and iStock can be an effective way to begin. The profit is not sizeable initially, but it is the easiest place to start carving out your spot in the marketplace.
- Freelancing: Freelancing is always a flexible way to earn money. You can freelance with your AI-generated work by showcasing the images you have to offer and selling directly to customers looking for it. You may want to consider finding a niche, such as anime-style artwork or caricatures of famous celebrities.
- Print on Demand: Selling your AI-generated images on a coffee mug or a t-shirt can be a great way to showcase your available work and run a successful advertising campaign to let people know where to find your product.
FAQs
Q: Is It Legal to Sell AI-Generated Content?
A: Yes, you technically can sell AI-generated content legally, but there are a few things you should try to keep in mind. If AI-generated content is produced entirely independently without human involvement, then it cannot be copyrighted. However, if a human being had any involvement in developing those images, they can be copyrighted and likely are. Be sure to research this thoroughly before deciding to sell images that technically do not belong to you.
Q: Is Selling AI-Generated Art Ethical?
A: Whether selling AI-generated art is ethical is a controversial matter. Many believe that passing AI art off as your own is an unethical practice. However, no copyright claims can be made regarding AI-created art unless a human being contributed to its creation. The line here is unclear, as laws regarding AI have yet to be passed.
Q: Can You Sell OpenAI-Generated Art?
A: According to OpenAI, you own all the work you develop with the help of the AI in question. That means that since the work belongs to you, you can reproduce it, commercialize it, merchandize it, and reprint it as much as you want. OpenAI believes that when you’re using an AI to develop work, you are still the creator — you’re just using a different tool to do so.
Q: Is AI-Generated Content Copyright-Free?
A: Yes, AI-generated content is copyright-free, but only content that is generated entirely by an AI. A copyright needs to have a human creator, as the U.S. Copyright Office declared in 2023. AI-generated content is not considered to be the work of a human being; it is the work of a machine that was designed to create art. Technically, it belongs to no one.
The Myers Law Group Can Answer Your Questions About AI-Generated Content
AI is a complex new technology that will change the way we approach art and content creation. If you’re curious about the legal implications of AI, consulting an intellectual property lawyer could be a good first place to start asking questions. Legal questions about AI overlap with intellectual property law, trademark infringement, and even entertainment law in some capacities.
The Myers Law Group can help you understand the legalities of selling AI-generated content, considering all the factors at hand. We take an individualized approach for every case. Contact us to schedule a consultation as soon as you can.