Permission to Use AI Images Doesn't Mean You Own the Copyright

Images made with AI can be used commercially, depending on the terms of the service you used. But being allowed to use an image and owning the copyright to it are two different things. You need to weigh what the service permits and what the human contributed to the creation, separately.

“You may use it” vs. “It’s mine”

Renting a space to sell your goods doesn’t make the design of those goods your own creation. The same logic applies to AI images. It becomes easier to understand once you separate the service’s permission to use from copyright itself.

Commercial use terms govern whether you can use an image for business purposes, such as in products or advertising. Copyright is a question of what expression a human actually created in that image. Confirming that a service permits commercial use does not settle the copyright question.

If you want to use AI images at work, it helps to split the issue into two questions. First, check whether you can use the image in line with the service’s terms. Second, look at which parts of what you made could qualify for copyright protection. The answers to those two questions can differ.

What determines the answer in Korea

According to guidance from the Korea Copyright Commission, AI output to which a human has not creatively contributed in terms of expression is unlikely to qualify for copyright registration. In other words, what matters is not the fact that AI produced the result, but what expression a human created along the way.

If a person creatively modified or arranged the AI output, that contribution is assessed as a distinct element. The key is not the bare fact that “a human touched it,” but what the creative contribution actually was. Separating what the AI generated from what you edited or arranged makes it clearer what needs to be examined.

The U.S. Copyright Office likewise does not exclude a work from protection simply because AI was used as a tool. It does, however, hold that a human must determine enough of the expressive elements. Its position is that entering a prompt, meaning the instructions you give the AI, is not sufficient on its own. That is the U.S. Copyright Office’s explanation; for decisions in Korea, you need to consult Korean guidance separately.

How ChatGPT, Firefly, and Midjourney differ

As of September 2026, services explain rights in output and commercial use in different ways. Below are the items to check first before using images at work. The OpenAI entry refers to its consumer terms of use.

OpenAI’s terms set out how rights in output are allocated between the company and the user. That clause alone cannot be read as creating legal copyright in every image. This is exactly why the terms that govern your right to use something need to be distinguished from copyright as recognized by law.

With Firefly, check whether the feature you intend to use carries a beta label or any separate restriction. With Midjourney, company revenue and whether the use is on behalf of a company affect which plan you need. It is also worth knowing that if you upscale an image another user created, that image is not treated as yours.

Steps to follow before using it at work

First, decide where the image will be used. Writing down whether it is personal work or on behalf of a company, and whether it will go into a commercial project, makes it easier to find the terms that apply to you. If you are using Midjourney at a company, cross-check the revenue threshold and plan requirements described above.

Second, examine the rights in the input you feed in to make the image. OpenAI’s consumer terms of use state that the user is responsible for holding the necessary rights in the input. Regardless of any guidance saying the output can be used commercially, rights need to be verified at the input stage.

Third, document which parts of the output you creatively modified or arranged. This is not a procedure for declaring on your own that copyright exists. It is preparation for reviewing the AI-generated portion and the human contribution separately. Keeping records of results before and after edits, along with what you did, is a good idea.

Fourth, before you actually use the image, reread the terms that apply to that specific feature and plan. The service terms summarized in this article are current as of September 2026. Matters requiring legal judgment, such as whether copyright subsists in a particular image or whether someone else’s rights are infringed, should be checked with a professional.

Four things to check before you use it

The important thing is not to treat the copyright question as settled just because “I have permission to use it,” “I wrote the prompt,” or “I upscaled the image.” Before using an image at work, it is best to run through the following in order.

• Confirm that the feature and plan you are using permit that purpose.
• Check whether you hold the necessary rights in the input.
• Distinguish the parts a human creatively modified or arranged.
• Consult a professional about rights questions that are hard to judge.

When you use AI images, look at both the service’s permission to use and your own creative contribution. It is best to recheck service terms and copyright guidance at the moment you actually use the image. That is how you can draw a line between the scope of commercial use available to you and the parts in which you can claim rights of your own.