You need to exert creative control over the product. If you created an appropriate image for the background, that would probably be enough. If you slapped the same decal on everything produced by an AI, that would probably not be enough.
Remember, AI generated work is in the public domain. So your question is identical to “Can I take a public domain work and alter it sufficiently to claim copyright on the product?”. The answer is yes, provided you make sufficient changes.
Remember, AI generated work is in the public domain.
That hasn’t been determined yet. A human prompt used by the AI to generate content might be enough to grant copyright. This case is about autonomous AI generated content.
A prompt is not sufficient, in fact some image copyrights were revoked from Kristina Kashtanova when it was revealed that her involvement in generating the images was limited to providing AI prompts.
She was only allowed to keep copyrights for work with more active involvement, namely text and layout.
You need to exert creative control over the product. If you created an appropriate image for the background, that would probably be enough. If you slapped the same decal on everything produced by an AI, that would probably not be enough.
Remember, AI generated work is in the public domain. So your question is identical to “Can I take a public domain work and alter it sufficiently to claim copyright on the product?”. The answer is yes, provided you make sufficient changes.
That hasn’t been determined yet. A human prompt used by the AI to generate content might be enough to grant copyright. This case is about autonomous AI generated content.
A prompt is not sufficient, in fact some image copyrights were revoked from Kristina Kashtanova when it was revealed that her involvement in generating the images was limited to providing AI prompts.
She was only allowed to keep copyrights for work with more active involvement, namely text and layout.
Here’s the Copyright Office’s response for anyone interested.