Who owns what you make with AI? Copyright, simply
Can you sell an AI picture, or protect a book written with AI’s help? The honest answer is “it depends”. Here’s what’s settled, what isn’t, and how to stay safe.
Video transcript
You’ve made a picture, a song or a book with AI’s help. Can you sell it? Can someone else copy it? Here’s copyright, simply.
In the UK, copyright is automatic. If you use AI as a tool, and make the creative choices yourself, your work can be protected like any other.
Work made wholly by AI is less clear. UK law has an unusual rule for computer-generated works, but it’s untested, and the government has proposed removing it.
In the US, the Copyright Office says copyright needs a human author, and that prompts alone don’t make you the author of what the AI produces.
Most tools’ terms let you use what you make. But they can’t promise it doesn’t copy someone else’s work, so that risk sits with you.
So upload only work you’re allowed to use. Leave out other brands and real people. Keep your prompts and drafts as a record. And check the terms before you sell.
This is general information, not legal advice. For anything valuable, check the Intellectual Property Office’s guidance, or ask a solicitor.
In 30 seconds
- Work you make with AI’s help can be protected. Work made wholly by AI is far less certain.
- Tools’ terms usually let you use the output, but can’t promise it doesn’t copy someone else’s work.
- Keep records of your own input, and leave out real people, brands and other people’s work.
You’ve used AI to help design a T-shirt, write a children’s book or make artwork for your café’s menu. Can you sell it? Can someone else copy it? The law is still catching up, so here’s what’s settled, what isn’t, and some practical rules. It’s general information, not legal advice.
Who owns it in the UK?
In the UK, Jargon busterCopyright: The legal right to stop others copying, sharing or adapting an original work, such as writing, art, music or photos. In the UK it applies automatically. is automatic: there’s nothing to register. It protects how something is expressed, not the idea behind it, and usually belongs to whoever created it. If you use AI as a tool and make the creative choices yourself, such as writing the words, choosing and arranging images or reworking what it gives you, your contribution can be protected.
Work made entirely by AI is less clear. UK law has an unusual rule for Jargon busterComputer-generated work: In UK law, a literary, dramatic, musical or artistic work generated by computer in circumstances where there is no human author., made with no human author: section 9(3) of the Copyright, Designs and Patents Act 1988 says the author is the person who made the arrangements for the work to be created. How that applies to today’s AI tools hasn’t been tested in the courts.
The government has been reviewing copyright and AI, and has proposed removing this special protection for work made wholly by AI. A separate debate, about AI firms Jargon busterTraining: The stage where AI learns, by finding patterns in a huge number of examples. their models on copyright work without permission, is still going on. Neither has changed the law yet, so check the government’s latest report before you rely on it.
And in the US?
The US matters if you sell your work there. In January 2025, the US Copyright Office said copyright needs a human author, and that prompts alone don’t give you enough control over the result to make you its author. What you add yourself, such as your own text, edits or the way you select and arrange material, can still be protected.
| UK | US |
|---|---|
| Made with AI’s help: your creative choices can be protected | Made with AI’s help: your own contributions can be protected |
| Made wholly by AI: a special 1988 rule, now under review | Made wholly by AI: not protected |
| Prompts alone: untested | Prompts alone: not enough to make you the author |
What the tools’ terms say
Most AI tools’ terms let you use what you make. OpenAI’s terms for ChatGPT, for example, give you whatever rights it has in the output, “if any”. But they also say other people may get similar results, and they make no promise that the output doesn’t infringe anyone else’s rights. That risk sits with you.
Some tools also limit business use. Midjourney, for instance, requires larger companies to be on its higher plans to use images commercially. Read the terms of the plan you’re actually on.
Here’s the section of [tool]’s terms of use about content and output: [paste it]. I’m on the [plan name] plan and want to use what I make for [your purpose, such as selling prints]. In plain English, tell me: 1) who owns what I make; 2) whether I can use it commercially on my plan; 3) whether they promise it won’t infringe anyone else’s rights; 4) anything I must not do. Quote the exact lines you’re relying on.
Practical rules for using AI work
- Upload only what you mayDon’t feed in other people’s photos, artwork or writing unless they’re yours or you have permission.
- Be careful with stylesA general style isn’t protected in itself, but output that copies recognisable parts of someone’s work can infringe. Many artists object either way.
- Keep other brands outLeave out other companies’ names, logos and characters. A Jargon busterTrade mark: A sign, such as a name or logo, that shows which business a product or service comes from. Registering one makes it much easier to stop others copying it. can protect a brand even where copyright doesn’t.
- Ask before using real peopleDon’t use a real person’s face, voice or name without permission, especially in adverts or anything suggesting they endorse you.
- Keep your recordsSave your prompts, drafts and edits. They show your own creative input if ownership is ever questioned.
- Check before you sellRead the tool’s terms on business use, and look for similar existing work before you print or publish.
Check yourself
3 quick questions nothing is savedTools in this guide
Spotted a mistake? Tell us and an editor will check it.
