You can use AI image tools in your marketing. Whether you can own what they produce, and whether it’s safe to use, are separate questions.
This guide is general information for creators and businesses in the U.S., not legal advice. Copyright, licensing and drone rules depend on the facts and change over time; check the Copyright Office, the FAA or a lawyer for your situation.
Quick notes
- U.S. copyright protects only works with human authorship; images generated entirely by AI can’t be registered.
- Human contributions, such as selection, arrangement and substantial modification of AI output, can be protected.
- In March 2025, a federal appeals court in Thaler v. Perlmutter upheld the human authorship requirement.
- When registering a work that includes AI-generated material, you must disclose it.
AI image generators have become a normal part of small business marketing. The legal framework is still forming, but a few points are now clear in the United States.
Human authorship is required
The U.S. Copyright Office registers only works created by human beings. That position has been tested:
| Date | Development |
|---|---|
| February 2023 | In the Zarya of the Dawn decision, the Office protected a comic book’s human-written text and arrangement but not its images generated with an AI tool |
| March 2023 | The Office issued registration guidance requiring applicants to disclose AI-generated material in their works |
| January 2025 | The Office’s report on copyrightability concluded that prompts alone generally aren’t enough for authorship, while human selection, arrangement and modifications can be protected |
| March 2025 | In Thaler v. Perlmutter, the U.S. Court of Appeals for the D.C. Circuit upheld the refusal to register an image listing an AI system as its sole author |
What you can protect
- Your own creative additions: substantial edits, painting over, compositing, collage.
- Selection and arrangement: a curated layout or sequence of images.
- The surrounding work: your text, design and photography.
When you register a work containing AI-generated material, disclose it and limit your claim to the human-authored parts. Registration is covered in registering copyright for your photos.
Practical risks for businesses
- Read the tool’s terms. Commercial use rights, ownership claims and indemnities differ between services and plans.
- Check for lookalikes. Outputs can resemble existing characters, logos or artworks closely enough to cause problems.
- Don’t fake evidence. Images implying product results you can’t deliver, or fake customers and testimonials, can be deceptive advertising. An FTC rule that took effect in October 2024 specifically bans fake reviews, including AI-generated ones.
- Keep your process. Save prompts, versions and edits; they show what you contributed.
Note: Many lawsuits over how AI systems were trained are still working through the courts, and agencies continue to issue guidance. Check the Copyright Office’s AI page for current information before relying on AI images for important work.
For images you license rather than generate, see image licenses explained.
FAQs
Do detailed prompts make me the author?
According to the Copyright Office’s January 2025 report, prompts alone generally don’t give users enough control over the output to make them its author. Your own creative edits and arrangement are a different matter.
Can I use AI images in ads?
Usually, subject to the tool’s terms of service. Be careful not to create misleading images of your product’s results, fake customers or fake reviews; the FTC treats those as deceptive.
Could an AI image infringe someone else’s copyright?
It can if the output is substantially similar to a protected work or reproduces a trademark or a recognizable person. Check outputs carefully, especially for well-known characters, logos and artists’ styles.