{"id":97677,"date":"2025-03-18T17:30:15","date_gmt":"2025-03-18T16:30:15","guid":{"rendered":"https:\/\/www.ictrechtswijzer.be\/?p=97677"},"modified":"2025-03-18T17:31:39","modified_gmt":"2025-03-18T16:31:39","slug":"can-an-image-created-by-generative-ai-be-protected-by-copyright","status":"publish","type":"post","link":"https:\/\/www.ictrechtswijzer.be\/en\/kan-een-afbeelding-gemaakt-door-generatieve-ai-door-het-auteursrecht-worden-beschermd\/","title":{"rendered":"Can an image created by generative AI be protected by copyright?"},"content":{"rendered":"

With the emergence of generative AI, we are increasingly getting the question of whether AI-generated images by copyright<\/a> can be protected. The rule is that only human creativity, as expressed in a concrete work, can give rise to copyright protection. But what about images created using AI?<\/p>\n\n\n\n

Prompts and copyright protection<\/h3>\n\n\n\n

A prompt-an instruction to the AI tool-is usually not in itself sufficient for copyright protection. Even a series of prompts usually does not lead to protection, because human creativity is not expressed in sufficiently concrete terms.<\/p>\n\n\n\n

Yet this changes when humans are more intensely involved in the creative process. The more human input in the creation of the final image, the more likely it is to be legally protected.<\/p>\n\n\n\n

Case study: 'A Single Piece of American Cheese'<\/h3>\n\n\n\n

A clear example is the work \"A Single Piece of American Cheese\" by Kent Keirsey, CEO of Invoke<\/a>. In a fascinating timelapse video, Keirsey shows how he creates an image created entirely using AI. Through a combination of prompts, human interventions and various AI techniques, an artistic woman's head eventually emerges, formed from stained glass-like structures, spaghetti-like hair and melted cheese.<\/p>\n\n\n\n

Keirsey used several techniques to do this:<\/p>\n\n\n\n