Your Creative AI Copyright Questions, Answered

What about copyright infringement?

It’s one of the first concerns many marketers and designers have when using AI tools for creative work. The next question is usually, can I protect what I’ve created?

The short answer is: it depends.

AI copyright law is evolving. While the framework is starting to take shape, it’s far from simple. No brand wants to face a lawsuit over artwork generated in Midjourney or Firefly. Likewise, no marketing leader wants to invest in creative assets that competitors are free to copy without consequences.

This article walks you through the essentials—when AI-generated work is safe to use, how to avoid infringement, and what you can actually protect.

What You'll Learn

• Can You Copyright AI-Generated Work?
• Who Owns AI Art?
• What Counts as Infringement?
• How to Protect AI Designs
• Real Copyright Cases to Learn From
• DolFinContent’s Responsible Approach to AI Creative

Can You Copyright AI Art?

Yes—if a human helps finish it.

The U.S. Copyright Office states that copyright only applies to human-created works. In fact, this stance was reinforced by a widely discussed legal case involving a monkey. In Naruto v. Slater, a monkey pressed the shutter on a camera and took a viral selfie. The photographer tried to claim copyright, while PETA argued the monkey should own the photo. The court ruled that since a non-human took the photo, it couldn't be copyrighted.

This case is now central to how AI copyright law is viewed.

So, how does this apply to design?

If an image is 100% generated by AI, it’s not protected. But if a human significantly modifies the AI output, that final version may qualify for copyright protection.

Who Owns AI-Generated Work?

Technically, no one—unless there’s human input

According to current U.S. law, AI-generated output is not automatically copyrightable. To claim ownership, a person must have made meaningful creative choices—adjusting composition, altering colors, refining structure, etc.

That’s why many creators now use AI as a tool rather than a replacement—similar to a brush, camera, or software.

Important note: To claim copyright, creators must also disclose the use of AI during registration and explain what was done by humans.

What About Infringement?

Avoiding copyright infringement is just as important as protecting your own content.

While the U.S. Copyright Office allows for fair use of existing works in limited cases (like commentary or education), those rules don’t apply to raw AI output, which exists in a legal gray zone.

For example, if you used artwork from an AI-generated comic like Zarya of the Dawn, you might not technically break the law—but you’d be risking brand reputation. Even if the image isn’t copyrighted, using it without permission can be seen as unethical or misleading.

Bottom line: Use AI to create your own brand assets—not to reuse someone else’s.

How to Protect AI Art You Create

The only way to protect AI-generated design is to humanize it.

If you're using AI in your creative workflows, make sure:

• A human modifies the image substantially
• You're not replicating recognizable brand elements (e.g. mascots, characters)
• The full composition is original, not just its components

For example, Coca-Cola doesn’t own the image of a polar bear—but it won a copyright case against a competitor that used a polar bear and soda bottle in a similar visual style. It was the combination that mattered.

That’s why DolFinContent always advises clients to look at the full image and not just isolated elements when assessing risk.

Real AI Copyright Cases (and What They Mean for You)

1. Théâtre D’opéra Spatial

An artist submitted this AI-generated image to the U.S. Copyright Office but didn’t disclose AI involvement. The copyright was denied. Had the artist modified it further and disclosed the AI role, partial copyright might have been granted.

Lesson: Always disclose AI involvement and document what you changed.

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2. Zarya of the Dawn

This comic book used AI-generated illustrations with minimal edits. The author received copyright for the story and layout—but not the images. Once the AI use was discovered via a social post, her full copyright was revoked and reissued without image protection.

Lesson: Edit AI assets significantly and be transparent from the start

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3. Thaler v. Perlmutter

A man tried to copyright an image generated by his AI tool, arguing the tool was the artist. The court ruled that non-humans cannot own copyright, reinforcing that only human-made or human-edited works qualify.

Lesson: The author must be a human. Always.

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DolFinContent’s Approach to AI-Enhanced Design

We believe AI should enhance, not replace, the creative process.

At DolFinContent, we blend AI design tools with expert human direction to deliver high-performing visuals—faster and more cost-efficiently than traditional workflows. But we also take copyright protection seriously.

Here’s how we keep you protected:

• We never use AI without your approval
• We disclose what tools were used and how
• We document all human involvement and edits
• We avoid generating content that uses recognizable brands or copyrighted likenesses

We’ve also trained our team to ensure AI is used responsibly—whether your focus is speed, scale, or full IP protection.

FAQs: AI and Copyright

Can I use AI-generated art in ads?
Yes, but check if it qualifies for copyright. Use AI for fast iteration, and humanize the final version if protection is needed.

Can competitors copy my AI-generated assets?
If the content isn't copyrighted, yes. That’s why we recommend editing AI assets or combining them with original creative to claim ownership.

Can I prove the work is mine?
Only if there’s enough human contribution to qualify as a derivative work. Courts may require documentation of the process.

Is our data safe with DolFinContent?
Yes. We never include personal data in AI prompts and do not allow any data to be used in future model training.

Final Thought: Should You Use AI in Your Creative Work?

Yes—but smartly.

Use AI for campaign concepts, ad assets, social content, or digital visuals where speed and volume are critical. Avoid relying on raw AI for logos or key brand assets that need full legal protection.

With DolFinContent, you’re always in control. We’ll help you balance innovation with protection—so your brand stays agile, safe, and on the cutting edge.

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