Who Owns the Copyright to AI-Generated Art? | 2025 Legal Guide

🗓️ Published: August 8, 2025

Who Owns the Copyright to AI-Generated Art? | 2025 Legal Guide

Introduction

With AI tools like DALL·E, MidJourney, and Stable Diffusion making it easy to generate stunning images in seconds, a new legal question is emerging:

Who actually owns AI-generated art?

Is it the person who typed the prompt? The company that built the model? The AI itself?

In this post, we’ll break down who owns copyright to AI-generated artwork, what the law says in 2025, and how artists using AI can protect their creations with CertifyRights.

What Is AI-Generated Art?

AI-generated art refers to any visual artwork created with the assistance of artificial intelligence.

There are three common types:

  • Fully AI-generated — You type a prompt; the AI creates the image without editing.
  • AI-assisted — You use the AI output as a base and make creative changes.
  • Human-AI hybrid — You merge AI-generated content with your own original art.

Each of these scenarios affects copyright ownership differently.

What Does the Law Say in 2025?

As of 2025, most legal systems—including the U.S. Copyright Office and many international IP authorities—agree on this key principle:

Only human-created works can be copyrighted.

That means if AI generates the artwork without meaningful human input, it is not eligible for copyright.

Who Owns AI-Generated Art?

Scenario Copyright Owner
Fully AI-generated, no edits No one – not eligible for copyright
AI-generated with human edits (e.g., collage, retouching) The human artist who added creative input
Human-AI hybrid (50/50 collaboration) The human may claim copyright depending on contribution
Work made using proprietary AI tools (e.g., Adobe Firefly) Depends on the tool's terms of service

Always check the licensing agreements of the AI platform you’re using—some may claim co-ownership or restrict commercial use.

Can You Protect AI Art with CertifyRights?

Yes—especially if you:

  • Made significant edits to the AI output
  • Combined AI results with your own original art
  • Used prompts that reflect your unique creative input

CertifyRights lets you:

  • Timestamp your artwork creation
  • Generate a certificate of authorship
  • Build a verifiable history of how the work was made
  • Defend your rights in case of disputes, plagiarism, or theft

While the law catches up to AI, CertifyRights gives you proof of creative ownership.

Key Case Example (2024–2025)

Stephen Thaler v. U.S. Copyright Office
Thaler tried to register copyright for a piece of art generated entirely by his AI system "Creativity Machine."
The Copyright Office rejected the claim, saying:

"Human authorship is a requirement for copyright protection."

This case reinforced the idea that AI alone cannot own—or transfer—copyright.

Can You Sell AI-Generated Art?

Yes, but with caution:

  • If it’s fully AI-made with no edits, you can sell it but not claim copyright
  • If it’s edited or enhanced, you can claim copyright over your contributions
  • Always verify the terms of use of the AI tool (some restrict resale or require attribution)

Frequently Asked Questions

Q: If I typed the prompt, don’t I own the art?
Not necessarily. Typing a prompt may not count as creative authorship unless the result is transformed by you meaningfully.

Q: Can two people own the same AI art?
If they used the same prompt in the same model and got the same result—possibly yes. That’s why timestamping with CertifyRights is crucial.

Q: What if I used AI to generate a reference or base sketch?
That’s a valid use. If your final product is originally composed and edited, it’s considered your copyrighted work.

Q: Can CertifyRights protect my AI prompt too?
Yes—include your prompt in the certification metadata. This proves your unique creative direction.

Final Thoughts

You may not be able to copyright an AI's imagination—but you can still copyright your creativity.

The law around AI-generated art is still evolving. But one thing is clear: if you put in human creativity—you can own the result.

Protect Your AI-Enhanced Art Now

Secure your rights, prove your originality, and stop copycats in their tracks.

Get your digital certificate of authorship today at CertifyRights.com.

Your prompt. Your vision. Your art.