AI Art: Avoiding Trademark and Copyright Issues

Navigating the legal terrain surrounding AI-generated art can be tricky, especially for creators who want to avoid stepping into trademark or copyright infringement territory. This is especially relevant today, as AI-generated designs gain popularity and more people are using them for personal projects, online content, and even commercial ventures. However, it’s important to stay within the boundaries of intellectual property law to prevent potentially costly legal consequences.

Years ago, I launched a small online shop selling graphic designs for posters and t-shirts. Initially, I relied on my own illustrations, but when AI tools became accessible, I decided to experiment with them. This shift brought new possibilities but also legal concerns I hadn’t faced before. The thought of unintentionally infringing on someone’s trademark or copyright rights was worrying. And it’s not just about getting sued—having to take down work or pay fines could also damage a business's reputation.

The first thing to understand is that copyright and trademark laws protect two different areas. Copyright covers original creative works such as illustrations, photos, and text, while trademarks protect brand elements like logos, slogans, and brand names. When it comes to using AI to generate art, copyright issues typically arise when the AI-generated work closely resembles an existing copyrighted work. In contrast, trademark issues can pop up if the generated image incorporates distinctive symbols or marks that are registered or commonly associated with a particular brand or business.

During my early experiments with AI, I created several designs inspired by iconic pop culture characters, not realizing how closely the AI’s output mirrored the originals. I later found out that many iconic characters, such as superheroes, are protected by both copyright and trademark law. This led me to research more about intellectual property protection, and I quickly learned that it’s vital to avoid replicating key elements of copyrighted works.

AI art tools, although innovative, often pull from vast databases of images and artwork that are available online. While these tools are designed to mix and reassemble parts of different works, sometimes the final product can end up being too similar to an original piece. That’s what happened with one of my t-shirt designs. I used an AI tool to generate a character that was a mash-up of several famous characters. The result was distinct enough in my eyes, but when I posted it online, I received comments pointing out how closely it resembled a well-known superhero.

To avoid infringing copyright, it’s important to steer clear of works that are protected. There are a few key principles I follow now:

1. Avoid using well-known characters or settings. Any iconic character, even if altered or stylized, is likely protected. A good rule of thumb is to avoid using AI to create anything based on recognizable media properties—whether it’s from movies, books, games, or TV shows. These characters are copyrighted, and their designs, costumes, or visual features are often protected as trademarks too.

2. Don’t copy other creators’ original styles too closely. While AI can generate images in various artistic styles, some artists have distinctive styles that are also protectable. Just because an AI tool can replicate an artist’s style doesn’t mean you can use the result without repercussions.

3. Make your designs transformative. If you take inspiration from existing works, ensure that your result is substantially different. This can be a gray area, but it generally means you should modify the elements enough that the original source is unrecognizable.

4. Check public domain sources. Another option is to use public domain images or elements in your AI designs. Public domain works are not subject to copyright protection, meaning they can be used freely. However, be cautious—only works whose copyright has expired or which have been explicitly placed in the public domain qualify. It’s also important to verify the source and ensure that the public domain status is valid.

I learned the importance of staying vigilant about trademarks during the same period. I designed a graphic for a client who owned a small café, intending to include a coffee cup with steam in the logo. The AI-generated design was nice, but it looked oddly familiar. After some digging, I realized the design closely resembled the logo of a popular coffee chain, which is trademarked. Even though my intention wasn’t to copy, the AI-generated image ended up producing something too similar to a well-known brand.

Trademarks are often registered for logos, phrases, and symbols that represent a brand’s identity. When creating commercial designs, always be sure your imagery doesn’t incorporate or resemble registered trademarks, which can often be checked in trademark databases.

Here are a few lessons I learned about avoiding trademark infringement:

1. Search for existing trademarks. Before finalizing a design that will be used commercially, search trademark databases to ensure your design doesn’t include elements that resemble registered trademarks.

2. Avoid famous brand imagery. It might seem tempting to create a parody of a famous brand, but trademark owners can take legal action if they believe your design dilutes or tarnishes their brand. Brands with well-known logos, phrases, or colors are fiercely protective of their intellectual property.

3. Don’t use brand names in your titles or descriptions. When selling or displaying AI art, avoid using famous brand names in your product descriptions, titles, or marketing copy. Using these names could create a false association with the brand, leading to a potential trademark dispute.

It’s important to keep in mind that when you use AI art tools, the output may not be entirely yours. Some AI tools claim ownership or partial ownership of the images generated through their platform. This means that depending on the terms and conditions of the tool you use, the tool itself may have legal rights to the images created, which complicates the question of copyright even further.

At one point, I started using a different AI tool, only to realize that the terms of service allowed the tool’s creators to redistribute or resell my designs. This made me rethink my approach and choose tools with more favorable terms for artists and creators. I now recommend that creators thoroughly read the terms and conditions of any AI art tool they plan to use, especially when the art will be sold or used commercially

Although AI-generated art can be an incredible asset for creating unique designs, there’s an increasing need to tread carefully regarding intellectual property rights. As a creator, it’s up to you to ensure that your work doesn’t infringe on copyright or trademark laws, even if an AI generates part of it.

By combining creativity with caution and awareness of the legal landscape, artists can continue to benefit from AI-generated designs while avoiding legal pitfalls. Staying informed about intellectual property law, carefully reading AI tool policies, and steering clear of copyrighted and trademarked elements will go a long way in ensuring your work stays on the right side of the law.