Can you use AI-generated images commerciallyOften yes under the tool’s terms, but you may not be able to stop others copying them

Two separate questions

1. Are you allowed to use it? That depends on the tool’s terms and on whether the output copies someone else’s work. For example, OpenAI’s Terms of Use (effective 1 January 2026) say that, as between you and OpenAI and to the extent permitted by law, you own the Output, and that output may not be unique, so other users may get similar output (OpenAI Terms of Use). Other services have different terms and plans, so read the terms of the tool you used.

2. Can you stop others copying it? The US Copyright Office concluded that, with current generally available technology, prompts alone do not give users enough control to make them the authors of the output, while human-authored elements and creative selection or arrangement can be protected (Part 2 report). The US Supreme Court declined to hear Thaler v. Perlmutter on 2 March 2026, leaving the human authorship requirement in place (SCOTUSblog). Rules in other countries differ. See can you copyright AI-generated art.