Quick check
Guess first, no penalty. You type a detailed prompt (the message you send the AI) and an AI tool makes an image. Under US copyright rules, is the prompt alone enough to make you the author?
In its January 2025 report, the US Copyright Office concluded that AI output "can be protected by copyright only where a human author has determined sufficient expressive elements". That can include cases where "a human makes creative arrangements or modifications of the output, but not the mere provision of prompts" (US Copyright Office).
Two separate questions follow for every AI asset:
- Can we use it? That's the tool's license (its terms of use). Check whether it allows commercial use and any limits.
- Can we protect it? If the image is pure AI output, a competitor copying it may be hard to stop. Your own edits and arrangement are what make it yours.
Laws differ by country. When the answer matters, like a logo, ask your legal team before it goes live.
Worked example
A license note kept with every AI asset:
Asset: spring sale hero image
Tool: [tool name], paid team plan
Commercial use allowed: yes, per terms read on 14 October
Human work: composed from 3 generated parts, recolored to brand,
type and layout by me
Use for a logo or trademark: no, ask legal firstFill the gaps
Fill the gaps in your license note.
License note
Commercial use allowed: . Human work: . For a logo: .
Try it
Your steps, about 2 minutes
- 1.Add a license line to your AI brief card. Then open the terms of the AI tool you use most and write down whether it allows commercial use, with today's date.2 min