Broomfield, CO asked in Business Law for Colorado

Q: Can I use/sell the art I make using the Wonder AI art generator app? I don’t want to risk anything but want to use them.

The app is available on iOS and I paid for the pro version. I’ve tried reading the agreements again but can’t tell. I would like to possible sell the original images or create my own works of art using these images as references.

Related Topics:
1 Lawyer Answer
Kevin Michael Strait
Kevin Michael Strait
  • Fort Collins, CO
  • Licensed in Colorado

A: This is a generalized, public reply based on your question. It is not legal advice specific to your situation.

The Copyright Office addresses this question often. It recently came up in a February 2022 publication of the U.S. Copyright Office Review Board. If you have the time, do a web search for a PDF with the title "Second Request for Reconsideration for Refusal to Register A Recent Entrance to Paradise (Correspondence ID 1-3ZPC6C3; SR # 1-7100387071)" Sorry for the long title, but this document addresses this question nicely.

In a different official publications called the "Compendium 300" the Copyright office lets the public know "The U.S. Copyright Office will register an original work of authorship, provided that the work was created by a human being. ... Because copyright law is limited to 'original intellectual conceptions of the author,' the Office will refuse to register a claim if it determines that a human being did not create the work. [citation to 111 U.S. 53 (1884)]." This passage is quoted from the Compendium (Third) § 306.

One of the key concepts in a copyright is the author's creative expression. The Copyright Office often calls this idea the "selection, coordination or arrangement" of the creation's elements or contents. Machine-made or AI-made artwork generally lacks this kind of creative input. To summarize a different publication from a Congressional agency, "the crucial question is whether the 'work' is basically one of human authorship, with the computer [or other device] merely being an assisting instrument ..." This quote is from the same Compendium.

One recent development in copyright law is the decision that AI-generated works have no author at all, and therefore have no copyright naturally arising in any one person. This means the person creating the AI software does not have a copyright in the AI-generated work either.

An author using AI-created visual artwork will need to add or remove content to the work in a way that "selects, coordinates, or arranges" the elements of the work after the AI process has completed. Alternatively, an author likely has a valid claim to copyright in a collection or anthology of AI-made works. Also, a human-made derivative work based on that AI work is eligible or a copyright.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.