Who owns an AI-generated image? Copyright in the US and UK
Whether you can own an AI-made image depends on how much of it a person authored. This page sets out what the US Copyright Office says, what UK statute provides, and what to check in your tool's terms. It is a plain-language summary, not legal advice. Our section hub is AI image generation; related guides cover C2PA content credentials and the EU AI Act.
Prices last verified against official provider pages on . How we verify prices. Written by the Chelure Enterprises Editorial Team.
United States: the Copyright Office's position
The Copyright Office published Part 2 of its Copyright and Artificial Intelligence report, on copyrightability, on January 29, 2025. Its announcement says:
| Question | Copyright Office position |
|---|---|
| When can AI output be protected? | When a human author has determined sufficient expressive elements. This can include a human-authored work that is perceptible in the output, or a human's creative arrangements or modifications of the output |
| Do prompts alone qualify? | No: the provision of prompts alone does not qualify as the human creative contribution needed |
| Does using AI as a tool bar protection? | No: using AI to assist in creating a work, or including AI-generated material in a larger human-made work, does not bar copyrightability |
| Should the law change? | The Office found that the case has not been made for changing existing law to give AI outputs additional protection |
In practice, an image you generate from a text prompt is unlikely to be protected on its own in the US, while a collage, an edited composition or a work that incorporates your own drawing may be protected in respect of your human contribution. The Office's other reports are covered on AI and copyright law.
United Kingdom: computer-generated works
Section 9(3) of the Copyright, Designs and Patents Act 1988 provides for computer-generated works that "the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken" (the operative words shown on the legislation.gov.uk page). The UK therefore has a statutory provision for computer-generated works, unlike the US. We did not find in our sources a statement on how it applies to generative AI images, so treat the position as one to confirm with current guidance or advice.
Other countries
We have not summarised EU member-state or other national rules, which use their own originality standards. If you sell into those markets, check local law.
Your tool's terms matter too
- Read the licence. Terms set what you may do with outputs whatever copyright law says. Midjourney's plan table, for example, gives general commercial usage rights and requires larger companies to buy specific plans; see Midjourney pricing.
- Keep records of your human contribution: sketches, edits, selections and arrangements.
- Disclose where required. Labelling duties apply independently of ownership.
Frequently asked questions
Can I copyright an AI-generated image?
In the United States, the Copyright Office's Part 2 report (January 29, 2025) says AI outputs can be protected only where a human author has determined sufficient expressive elements, and that supplying prompts alone does not provide the necessary human creative contribution. Using AI to assist, or including AI-generated material in a larger human-made work, does not by itself bar copyright in the human contribution.
Do prompts count as authorship?
Not on their own, according to the US Copyright Office. It says protection can arise where a human-authored work is perceptible in the output or a person makes creative arrangements or modifications of it, but not from the provision of prompts alone.
What does UK law say?
Section 9(3) of the Copyright, Designs and Patents Act 1988 provides that for a computer-generated work the author is taken to be the person by whom the arrangements necessary for the creation of the work are undertaken. We did not find in the sources we read a statement of how that provision applies to generative AI images, so check current UK guidance.
Can I use AI images commercially?
That depends on the tool's terms as well as copyright law. For example, Midjourney's plan table says that if you have subscribed at any point you may use your images and videos in just about any way, but a company making more than $1,000,000 in gross revenue per year must buy its Pro or Mega plan.
Should I label AI images?
Under the EU AI Act, providers of generative systems must mark synthetic outputs machine-readably and deployers must disclose deepfakes, with exceptions. See our guides on the AI Act and on C2PA content credentials.
Sources
- US Copyright Office: NewsNet Issue 1060 (Part 2, Copyrightability)
- US Copyright Office: Copyright and Artificial Intelligence
- legislation.gov.uk: Copyright, Designs and Patents Act 1988, section 9
- Midjourney Docs: Comparing Midjourney Plans
Primary sources opened on November 13, 2026. Prices come from our verified price table (see the methodology).