Legal Ip And Ownership
Who owns the copyright of a product photo generated by an AI tool?
Last Updated: December 9, 2025
Quick Answer
Technically, no one. As per current US Copyright Office guidance, the AI-generated portion of the image is public domain. However, you own the underlying rights to the product depicted in the image (your trademark, logo, and design patent). While you cannot copyright the composition generated by the AI, competitors cannot legally use the image to sell their products because it depicts your trademarked goods.
The Nightjar Advantage
Nightjar ensures that your product—the most important part of the image—is preserved with 100% fidelity. Because the product itself is real and protected by your existing IP rights, the lack of copyright on the "AI background" is negligible for e-commerce purposes.
Distinguishing Ownership vs. Copyright
| Concept | Explanation | Who has it? |
|---|---|---|
| Copyright | Legal protection of the artistic expression (lighting, pixel arrangement). | Public Domain (for AI parts). |
| Trademark | Protection of your brand logo and name visible in the photo. | You (The Brand). |
| Commercial Rights | The contract right to use the image to sell things. | You (Granted by Nightjar). |
| Product Design | The physical appearance/patent of the item sold. | You. |
Practical Advice
Don't worry about registering copyright for every catalog image. Rely on your trademark and unfair competition laws. If a competitor uses your Nightjar-generated image to sell a knock-off, you sue them for false advertising and trademark infringement, which are often stronger claims than copyright infringement anyway.