Can I Sell Clothes with AI-Generated Images in the USA?

Question from Elt, Can I Sell Clothes with AI-Generated Images in the USA?

Answer from AI:

In the United States, the legal landscape surrounding the use of AI-generated images for commercial purposes, such as selling clothes, is complex and evolving. It involves aspects of copyright law, intellectual property rights, and potentially, the terms of use of the AI tool you’re using.

Copyright Law and AI-Generated Images

Under U.S. copyright law, protection is generally granted to “original works of authorship fixed in any tangible medium of expression” (17 U.S.C. § 102). However, the U.S. Copyright Office has stated that it will only register works created by human beings, not by machines or mere mechanical processes. This means that AI-generated images may not be eligible for copyright protection.

However, this doesn’t necessarily mean you can use AI-generated images freely. The software used to generate the images may be protected by copyright, and the terms of use of the software may restrict how you can use the images it produces.

Terms of Use of the AI Tool

When you use an AI image generation tool, you’re likely agreeing to its terms of use. These terms may include restrictions on how you can use the images generated by the tool. For example, some tools may prohibit commercial use of the images they generate, or they may require you to obtain a license for such use.

Steps to Take

Given the complexity of this area of law, here are some general steps you might consider:

1. Review the terms of use of the AI tool you’re using. Look for any restrictions on commercial use of the images it generates.
2. Consider consulting with a legal professional. They can help you understand the legal risks and potential liabilities associated with using AI-generated images for commercial purposes.
3. If you decide to proceed, consider obtaining legal protection for your designs. While the AI-generated images themselves may not be eligible for copyright protection, your unique application of them to clothing might be.

Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. You should consult with a legal professional for advice tailored to your specific circumstances.

For more information on copyright law, you can visit the U.S. Copyright Office’s website. For more information on intellectual property rights, you can visit the U.S. Patent and Trademark Office’s website.