You’ve created the perfect image for your website using AI. It looks great, fits your brand and took minutes to produce. But does it actually belong to you?
The copyright of AI-generated images is something businesses, designers and creative agencies need to get right. If you’re using AI imagery in marketing campaigns, product designs or client projects, you need to know what you own, what you can sell and whether someone else could challenge your use of it.
At Asenda Law, we help businesses understand their copyright rights, protect creative work and put the right commercial agreements in place.
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You’ve written the prompt, chosen the image and paid for the software. Surely the copyright belongs to you?
It’s not quite that simple.
UK copyright law includes provisions for computer-generated works under the Copyright, Designs and Patents Act 1988. These identify the author as the person responsible for making the arrangements necessary for the work’s creation.
However, applying these rules to modern AI image generators isn’t always straightforward.
There are four important things to consider:
Typing a prompt into an AI generator doesn’t automatically make you the copyright owner.
We help businesses establish what rights they hold and how to protect them.
Yes, AI-generated images can qualify for copyright protection in the UK, although the circumstances of their creation matter.
There’s an important distinction between using AI to assist your creative work and relying on it to generate an entire image.
For example, a designer who creates an original illustration and uses AI to refine certain elements may hold copyright in their original contributions.
An image produced entirely through an AI prompt raises different questions about authorship and originality.
The law is still developing, so businesses investing in AI-generated artwork, designs or marketing materials should establish what protection they actually have.
As intellectual property solicitors, we can help you understand your rights and decide how best to protect your work.
Yes, provided you have the necessary permissions and aren’t infringing someone else’s rights.
But permission to use an image doesn’t necessarily mean you own it outright.
Imagine your marketing agency creates a campaign using AI-generated imagery. Your client loves it and wants exclusive ownership of everything you’ve produced.
Can you promise that nobody else will use a similar image? Can you transfer copyright you haven’t established you own?
These are questions worth answering before signing a contract.
Our commercial contracts team helps businesses and agencies agree clear terms covering ownership, licensing and the use of AI-generated content.
Using AI-generated images in your business?
Speak to Asenda Law about protecting your creative assets and making sure your contracts reflect the rights you actually hold.
You’ve invested time developing an image for your brand, only to discover another business using it in their marketing.
Can you stop them?
If the image qualifies for copyright protection and you own the rights, you may be able to challenge unauthorised copying.
But the issue works both ways.
An AI-generated image could reproduce protected artwork, photographs or characters belonging to someone else. Publishing it could expose your business to an infringement claim.
Whether you’re challenging someone else’s use of your work or responding to an allegation, understanding your legal position is essential.
We help businesses assess copyright disputes, respond to infringement claims and find practical ways to resolve them.
AI tools offer plenty of creative opportunities, but businesses still need to protect their work.
A few practical steps can help:
Taking these steps early gives you greater confidence when using AI imagery in campaigns, products and client projects.
Not automatically. Copyright ownership depends on how the image was created, whether copyright protection applies and the AI platform’s terms. Writing a prompt alone doesn’t guarantee exclusive rights.
Yes, provided the platform permits commercial use and you aren’t infringing third-party rights. However, selling an image doesn’t automatically mean you can transfer exclusive copyright ownership. Your contract should make clear what rights the client receives.
That depends on whether the image qualifies for copyright protection and whether you own the rights. If it does, you may be able to challenge unauthorised copying. If copyright protection doesn’t apply, your options may be more limited.
AI is changing how businesses create and use images, but copyright ownership and commercial responsibility still matter.
Whether you’re creating AI-generated content for clients, protecting your own artwork or dealing with an infringement claim, we can help you understand your position and take the right steps.
Get in touch with Asenda Law today for clear, practical advice on AI image copyright.
Reach out to us from our contact form and we will get back to you shortly.
Thanks for your enquiry!
We're looking into it and if a response is required we'll get back to you shortly.
We've also sent you a confirmation email. Please also check your spam folder.
Something went wrong submitting your enquiry,
it’s probably just a temporary problem so you should try again in a few minutes.
If you find that the form just won’t work you could email us directly at .
Sorry for any inconvenience this has caused you.
With a reputation as one of the UK’s leading intellectual property lawyers (World Trademark Review 1000), Ben has extensive experience in IP strategy, management, and enforcement. His career spans work with listed companies, Premier League clubs, international cinema chains, and innovative tech firms.
Known for his ability to break down complex legal matters, Ben advises clients on their IP and commercial strategies, providing a clear understanding of risks, outcomes, and opportunities. He has also led high-stakes negotiations and lectured internationally on IP and technology law, underscoring his commitment to knowledge-sharing in the industry.
Tom’s legal practice focuses on commercial and intellectual property matters, making him a trusted advisor for creative businesses across the UK. He has a particular focus on IP enforcement and litigation in the Intellectual Property Enterprise Court, the UK IPO, and the High Court. He is listed as a Recommended Individual by the World Trademark Review 1000 and is described as “excelling in managing contentious proceedings across various forums, achieving top results at the UKIPO, IPEC and High Court”. Tom represents clients from sectors as varied as AI companies, luxury goods houses, international cosmetics brands, and multi-national restaurant chains.
Before co-founding Asenda Law, Tom worked in private practice at one of London’s top IP boutiques and served as in-house IP Counsel for the EMEA region at a US-listed company.
Mark’s practice covers a broad spectrum of IP and IT law, advising clients ranging from start-ups to listed companies in industries like finance, fashion, and SaaS. He has represented clients in design, trademark, and domain disputes before the UK and EU Intellectual Property Offices, as well as in the High Court and other dispute resolution forums.
Mark’s extensive experience in both contentious and non-contentious matters means he’s well-equipped to guide clients in protecting and commercialising their IP assets with confidence.
Lindsey manages an extensive trademark portfolio for clients across the UK, Europe, and globally, ensuring compliance and protection across jurisdictions.
A former forensic accountant, Lindsey brings analytical precision to her role, overseeing IP applications, renewals, and office actions. Her knowledge of both IP and finance makes her indispensable in managing our clients’ ongoing trademark needs and addressing complex administrative matters with clarity.
With a robust background in commercial law, Helen transitioned to IP in 2015, quickly becoming an invaluable part of Asenda Law’s team.
She manages client care, accounts, finance, and HR, overseeing the daily operations that ensure our firm runs smoothly. Helen’s meticulous approach and years of experience make her a trusted point of contact for both clients and colleagues.
