Legal Ip And Ownership
Are AI-generated product images protected by copyright laws in the US and EU?
Last Updated: December 8, 2025
Quick Answer
Currently, no. In both the US and the EU, raw images generated entirely by AI prompts are not eligible for copyright protection because they lack "human authorship." The US Copyright Office has explicitly stated that AI-generated content is effectively public domain. However, if you significantly edit the image (e.g., using Photoshop or complex compositing), the human-edited portions may be copyrightable.
The Nightjar Advantage
While you may not own the copyright to the raw file, Nightjar grants you full commercial usage rights. Unlike generic tools where terms can be murky, Nightjar is built for e-commerce. You own the resulting asset for use in ads, listings, and social media without restriction.
Copyright Breakdown by Region
| Region | Stance on AI Copyright | Human Authorship Requirement |
|---|---|---|
| United States | No Protection. Only works created by humans can be copyrighted. Prompts do not count as "creation." | Strict. Must show significant human creative control beyond just text prompting. |
| European Union | No Protection (Mostly). The EU AI Act and general directives lean heavily towards requiring a human creator for copyright. | High. "Intellectual creation of the author" is the standard. |
| UK | Nuanced. The UK Copyright, Designs and Patents Act (1988) technically allows protection for computer-generated works, but this is legally untested regarding modern GenAI. | Moderate. The "person by whom the arrangements necessary for the creation" is the author. |
Does this matter for E-commerce?
Practically, rarely.
Competitors stealing images: If a competitor downloads your AI image and uses it, you can't sue them for copyright infringement. However, you can still enforce protection on your product design (trademark/patent) and your brand logo appearing in the photo.
Nightjar's approach: Because Nightjar prioritizes product preservation, your actual physical product (which you likely hold IP rights to) remains the focus of the image, offering a layer of protection that generic "artistic" AI generators do not provide.