Do advertising assets created with AI qualify for copyright? That’s the million-dollar question (or, depending on your budget, the “please-don’t-sue-us” question). The short answer? Yes. Sometimes. But also… maybe not. It’s complicated.
In what feels like a win for AI creators (and a potential headache for lawyers everywhere), the U.S. Copyright Office has released part two of its Artificial Intelligence Report. The takeaway? If AI is involved in creating something, it might be eligible for copyright protection—as long as a human plays a meaningful role in the creative process.
But before you start copyrighting every AI-generated image in your Canva folder, there’s a catch. Merely typing a super-detailed prompt doesn’t make you the “author.” The Copyright Office sees prompts as instructions, not creative works themselves—kind of like telling a chef to make a sandwich doesn’t mean you cooked it.
So, what actually counts as “human authorship”? According to the report, if a human arranges AI-generated material in a sufficiently creative way, that final composition could be copyrightable. A comic book where AI-generated images are woven together with human-written dialogue—now we’re talking about something protectable, with a legal precedent established around the graphic novel Zarya of the Dawn, as covered in the Harvard Journal of Law & Technology.
Does this mean bigger is better when it comes to copyright eligibility? A well-edited video using AI assets? Probably good to go. A single AI-generated image that’s been slightly cropped or had a filter slapped on it? Not so much. Basically, if your “human touch” is the equivalent of changing the font on a PowerPoint slide, don’t expect to be listed in the copyright hall of fame.
Because AI-created content is still a legal gray area, it’s time to start documenting the human contributions—things like major edits, creative direction, and artistic curation. Transparency is key, especially when working with clients who might assume “AI-assisted” means “fully ownable.”
As creatives, our job is to bring originality and strategic value to the brands we work with—not just churn out whatever Midjourney or ChatGPT spits out. The goal is to create work that’s not only visually compelling but also uniquely tied to a brand’s voice, identity, and strategy. If AI helps level the playing field for smaller brands with tighter budgets, that’s great—but “may the best idea win,” not just the best prompt.
So, when incorporating AI into campaigns, the real question is: Is this work creatively ownable? And is it legally ownable? The best answer? Ideally, yes to both. Otherwise, you might find yourself in an awkward copyright battle with… well, an algorithm.