Protecting Your Creations: Understanding Copyright in the Age of AI

Copyright law has traditionally protected works created by a human author. This is where AI-generated art becomes complicated. In many jurisdictions, including the United States, works created entirely by a non-human entity (like an AI) cannot be copyrighted. The U.S. Copyright Office has stated that a work must have a human as its author to be eligible for protection.

This means that a raw, unaltered image generated directly from a text prompt (e.g., "a cat in a hat") is generally considered to be in the **public domain**. You can use it, but you can't stop others from using it too.

The situation changes when there is significant human authorship involved. The U.S. Copyright Office has indicated that an AI-generated work may be copyrightable if a human has made substantial creative modifications to the AI's output.

• Substantial Modification

  If you take an AI-generated image and heavily edit it in a program like Photoshop, or use it as one element in a larger collage of your own design, the final composition may be copyrightable. The copyright would protect your creative additions, not the original AI image itself.

• The Role of the Prompt

  Currently, the act of writing a text prompt is generally not considered sufficient creative input to warrant copyright over the output. However, this is a rapidly evolving area of law.

This is where the license of the AI model itself becomes critical. The AI generator on TimelapsePhoto.art uses Stable Diffusion, a model released under a very permissive license.

• Stable Diffusion and Commercial Use

  The license for Stable Diffusion (Creative ML OpenRAIL-M) explicitly allows for commercial use of the images you generate. This means you are generally free to use the images you create on our site for your business, marketing, or to sell on products.

• Important Considerations

  Even with a permissive license, you are responsible for the content you generate. The license does not protect you if you generate images that infringe on existing trademarks or depict identifiable people in a defamatory way.

1. Assume AI Images are Public Domain: Unless you have significantly altered them, treat your AI-generated images as if anyone can use them. Don't build a brand around a raw AI image that your competitor could also use.
2. Use AI as a Starting Point: The best way to create a protectable work is to use AI as a tool in a larger creative process. Use it to generate ideas, textures, or base elements, then add your own significant creative touch.
3. Check Model Licenses: Always be aware of the terms of the specific AI model you are using. Our tool uses Stable Diffusion, which is permissive, but other services may have more restrictive terms.
4. Stay Informed: This is a new and evolving legal field. Keep an eye on news from copyright offices and legal experts as guidelines become clearer.