AI-generated artwork, or generative art, has been the subject of much debate when it comes to copyright. The central issue is whether AI-generated art is copyrightable. We will explore whether you can copyright your AI art, as well as ways to protect yourself under copyright law by taking a photo of it.

The rise of artificial intelligence made it inevitable that theUS Copyright Office would eventually weigh in on the matterregarding the copyrightability of AI-produced works. What qualifies for copyright is clearly spelled out, although they’ve acknowledged that the agency has launched its own initiative to explore the matter further while encouraging public engagement and input.

Here are a few key guidelines for those seeking to copyright AI-produced works:

Picture of a bench in front of a work of art hanging on a gallery wall

So can someonecreate a work of art in Midjourneyand copyright it? Yes and no. If you use only prompts to create the artwork and nothing else, it’s not copyrightable. But if you substantially change the work through some means to make it a human-authored creation, then it becomes copyrightable.

The problem is that there isn’t a formula to determine how much of what is required to achieve this, which is why, according to the US Copyright Office, applications will be determined on a case-by-case basis. This is potentially good news for artists and photographers with the skills to manipulate AI-generated art. But what about users who are unable or do not wish to change AI-generated works?

a female hand holding up a polaroid picture in front of a lake

The good news is, photographs are protected by copyright at the time of creation,according to the US Copyright Office. That means the actual digital file or photographic print is copyrightable, and the photographer owns the rights.

Here are the main points to keep in mind:

This is good news for those who seek a workaround for owning the copyright related to their AI-generated artwork. The keyword here isrelated. But let’s take a look at one strategy to protect your AI work that’s perfectly legal.

So you’ve created an AI-generated artwork. You’ve used only prompts. And by law, you’re able to’t copyright it, so what do you do?

You take a picture of it!

By taking a picture of the work, not only do you own the copyright of the photo, but you also enjoy all the other protections of copyright, including the right to use your photo commercially.

Take a Picture of Your Computer Screen

You can take a picture of your screen and that would count as a photograph or a photographic file. Avoid screenshots because the grounds to claim authorship of a screenshot become more complex. A simple photograph will suffice.

The big drawback to taking a picture of your screen would be the potential for poor image quality. Unless you have a high-resolution sensor in your camera and have the ability to edit the image, a simple photo of your AI-generated artwork onscreen could result in a mess.

a Canon camera and instant photos laying on top of a wooden table

There’s a better way to do it if you want to put a little more time and effort into the cause.

If you want to own a copyright to a digital file that you can also print, then the best way is to take a picture of your printed AI artwork. There are additional steps and costs associated with doing this, but in the end, you’ll own a copyright to both a digital file and any work that’s derived from it in the form of prints or any other non-digital mediums of expression.

Here’s how to do it:

It’s important to make the distinction between copyrighting your AI artwork and copyrighting a photograph. Because technically speaking, you aren’t copyrighting your AI artwork; you’re copyrighting your photo of it.

How to Protect Your AI Art Online

If you share your work online, there’sno sure way to protect it from AIand those who choose to steal your work. Ironically, the technology that made your AI artwork possible is programming itself by scraping the internet for source imagery. But there’s a way that you can share your newly photographed AI artwork online and adequately protect yourself.

And no, it’s not with watermarks;watermarks can be removed in photo editors. The best way to ensure that nobody steals your work is to take a screenshot of it. There are quality issues with screenshots, but it’s the perfect way to share a representation of your digital work without any significant risk.

A woman printing off photographs at home

Why? Because screenshots are going to be completely void of fine details, you won’t be able to get high-quality prints from them. And if you upscale a screenshot, the results will be terrible every time.

Another method would be to simply share small JPEGs only 200 to 300 pixels on the longest side. But a screenshot will give you a larger image to share without having to compromise too much on image quality.

a hooded man starting at a computer screen with a reflection on his face

AI artwork generated solely from prompts lacks copyright protection, unlike photographs that are protected. To safeguard your work, take photographs and share them strategically online. By following these steps, you can enjoy all the legal protections of copyright, including the benefit of using your photos for commercial purposes.