Avoiding Copyright Disputes with AI-Generated Images

AI photo generator technology has dramatically lowered the barrier to creation, but it has also increased the risk of legal disputes due to the unclear copyrights of generated images. Various AI tools like Midjourney, DALL-E, and Stable Diffusion are opening new horizons for creative activities by generating realistic or artistic images from simple text descriptions. However, complex copyright issues are intertwined with this image generation process, and there is a risk of getting caught in unexpected legal disputes if generated images are used without permission or for commercial purposes. This article presents practical methods to prevent copyright issues that may arise when using AI images and to utilize them safely.

The Background of Complex Copyright Issues in AI-Generated Images

AI photo generators learn from vast amounts of existing images to produce new results. This process gives rise to complex legal issues concerning the copyright of training data, the originality of AI outputs, and ultimately, the ownership of copyright for the generated images. With no clear and unified legal standards yet established, the legal status of AI-generated images is a hot topic globally.

Copyright of Training Datasets: The Hidden Risk

AI image generators operate by learning from millions of images. These training datasets are likely to include images with unclear origins or unresolved copyright issues. In copyright infringement lawsuits filed against entities like Getty Images, Stability AI, and Midjourney, the copyright infringement of the LAION dataset used by Stability AI has emerged as a key issue. This suggests that AI developers or the AI models themselves could face copyright infringement liability, which could indirectly affect images generated by users. The legal judgment on whether the use of images for AI training can be protected under 'Fair Use' or 'educational purposes' in various countries remains unclear, creating uncertainty for both AI developers and users.

Who Owns the Copyright of Images Created by AI?

The issue of copyright ownership for images generated by AI is currently one of the most contentious points. Debates continue over who contributed to the creation and whether AI itself can be considered a legal creator. The U.S. Copyright Office does not recognize copyright solely for AI and tends to allow copyright registration only when there is human creative contribution. For instance, the stance is that if a human has significantly edited, combined, or modified an AI-generated image, the human creator's copyright can be recognized. The European Union also emphasizes human creative intervention and approaches the recognition of copyright for AI-generated works cautiously. In Korea, while there is no clear legal framework for copyright attribution and recognition of AI-generated works, the prevailing interpretation is that AI-generated works alone are unlikely to be recognized as copyrighted material under the current Copyright Act, which defines works as 'creations that express human thoughts or emotions.' However, the judgment may vary depending on the degree of human creative intervention during the generation process. Given the substantial investment made in developing and maintaining AI models, developers may claim rights to the output. However, if a user actively participated in the creation process, such as by inputting specific prompts and modifying the results, the user may also be granted copyright. Some countries or legal precedents hold that AI-generated works without human creative intervention do not generate copyright, meaning users can use them freely but cannot protect them as their own rights.

Controversy Over Similarity Between Generated Images and Existing Works

If an image generated by AI is substantially similar to an existing work or photograph, it can be considered a clear copyright infringement. Even if unintentional, AI can generate results that strongly mimic the characteristics of specific images it learned from. AI trained on the styles of famous works, in particular, can easily produce images resembling the artist's distinctive style. The original copyright holder can take legal action if they deem an AI-generated image to be a clear plagiarism of their work. This can serve as grounds for holding not only AI users but also AI developers legally responsible. According to sources like Statista, the AI image generation market is expected to grow at an annual rate of tens of percent over the next few years, implying an exponential increase in the use of AI images and a corresponding rise in the importance of copyright issues.

A Practical Guide to Avoiding Copyright Disputes with AI-Generated Images

To safely use AI image generators and prevent legal disputes, it is crucial to thoroughly review the service terms and carefully examine the generation process and results. This can be further strengthened by staying continuously interested in changes in legal standards and consulting with experts.

Thoroughly Check Service Terms and Licenses

Each AI image generation service specifies different rights attribution and usage scopes for images generated by users. Understanding these clearly is the first step. Even free AI image generators often restrict commercial use, so it is essential to check clauses related to 'commercial use' or 'use for profit-making purposes' in the service terms. Some services explicitly state that users transfer certain copyrights of generated images to the AI developer or that the developer has the right to use these images freely. These conditions can be disadvantageous to users, so they should be examined carefully. Additionally, some services permit usage under conditions such as 'attribution required' or 'usage restricted to specific platforms,' and failing to adhere to these conditions can constitute a license violation.

Strategies for Generating and Using Images Without Copyright Issues

There are several practical methods for using AI-generated images safely. By using highly specific and creative prompts, users can guide the AI to produce original results that are less similar to existing images. It is better to add detailed descriptions rather than abstract or general expressions. Develop a habit of carefully checking if AI-generated images resemble existing famous works or specific individuals' portraits. If similarity is found, it is safer not to use the image or to post-edit it to a level free of copyright issues. Even if copyright is not legally recognized, clearly stating that an image was AI-generated can enhance transparency and reduce misunderstandings. This transparency is particularly useful when using images for commercial or public purposes. While many paid services like Midjourney and DALL-E allow subscribers commercial use of generated images, it's important to understand that this only means the AI service provider waives ownership or transfers it to the user, not that it resolves all underlying copyright issues.

Utilizing Image Sources with Clear Copyright Status

If completely resolving the uncertainty of AI image generators is difficult, the safest approach is to utilize alternative images with clearly resolved copyright issues. It is advisable to use free stock image sites that explicitly permit commercial use, such as Pixabay, Unsplash, and Pexels, or paid stock image services like Shutterstock and Getty Images. Additionally, checking for Creative Commons Licenses (CCL) where copyright holders permit image use under specific conditions and complying with those license terms (e.g., attribution, non-commercial use) is also a good practice. The most certain method is to create images yourself by taking photos or using graphic design tools, which would pose no copyright issues.

Future Outlook and Precautions

AI image generation technology will continue to evolve, and related copyright laws and precedents will also change. A cautious approach, keeping up with the latest trends, is necessary.

Continuous Attention to Changes in Legal Standards

Legal judgments regarding the copyright of AI-generated images are still in their early stages and are expected to become clearer through discussions by governments and judiciaries worldwide. It is necessary to prepare for changes in legal standards by consistently monitoring the legislative movements and court precedents related to AI copyright in major countries like the United States and the European Union. There is a possibility that laws may be amended to hold AI developers more responsible for copyright infringement of training datasets or similarity issues in outputs. The AI image generation market is experiencing explosive growth, and investment in related technologies is also expanding. This signifies an exponential increase in the use of AI images, thereby elevating the importance of copyright issues.

Utilizing Expert Consultation and Legal Advice

Due to the rapid pace of AI image generation technology development and its complex legal issues, it is challenging for individuals or corporations to assess and manage all risks independently. For those intending to widely use AI-generated images for commercial purposes, it is advisable to seek advice from intellectual property lawyers or legal experts to minimize copyright risks. It is also recommended to follow safe usage practices that align with industry standards by referring to AI usage guidelines or recommendations published by relevant industry associations or organizations.

AI image generators are powerful tools for creative activities, but copyright-related risks should not be overlooked. By referring to the tips presented in this article, we hope you can use AI-generated images safely and ethically, free from legal disputes.