Are AI-generated product images protected by copyright laws in the US and EU?

Quick Answer

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 stated that purely AI-generated content is effectively public domain. If you significantly edit the image (for example in Photoshop or through complex compositing), the human-authored 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 ecommerce. You can use the resulting Asset for 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 alone do not count as creation.	Strict. Must show meaningful human creative control beyond text prompting.
European Union	No protection (mostly). The EU AI Act and general directives lean toward 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 for modern GenAI.	Moderate. The "person by whom the arrangements necessary for the creation" is the author.

Does this matter for ecommerce?

Practically, rarely.

Competitors copying images: if a competitor downloads your AI image and uses it, you likely cannot sue them for copyright infringement on the image itself. You can still enforce protection on your product design (trademark or patent) and on any brand logo appearing in the photo.

Nightjar's approach: because Nightjar prioritizes product preservation, your physical product (which you likely hold IP rights to) remains the focus of the image, offering a layer of protection that purely artistic AI generators do not provide.