Disclaimer: This article is intended for informational purposes based on publicly available information as of March 2026 and does not constitute legal advice. For specific legal judgments, please consult an attorney specializing in intellectual property.
As AI image generation tools become more widespread, more people are asking “can I use generated images commercially?” and “who owns the copyright?”
This article organizes the legal points around AI-generated images, focusing primarily on Japan’s copyright law perspective.
Who Owns the Copyright to AI-Generated Images?
Japan’s Copyright Law Position
Under Japanese copyright law, a “work” is defined as “something that creatively expresses thoughts or emotions” (Copyright Act Article 2, Paragraph 1, Item 1).
The key point here is the requirement “creatively expressed.” Images autonomously generated by AI cannot be considered an expression of a human’s “thoughts or emotions,” so AI-generated images alone do not give rise to copyright under current law.
The Concept of “Creative Contribution”
However, if a human uses AI as a “tool” and is sufficiently involved in the creative process, there is a possibility it could be recognized as a copyrightable work. In the “Approach to AI and Copyright” published by the Agency for Cultural Affairs in March 2024, the following elements were noted as potential grounds for judging creative contribution:
- Prompt crafting: Controlling expression through detailed instructions and trial-and-error
- Selecting outputs: The act of choosing from many generated results those that match the intent (still under discussion as to whether this constitutes creative contribution)
- Post-processing: Human editing and compositing applied to generated images
However, simply entering a prompt is unlikely to be recognized as creative contribution, and as of March 2026, there is no clearly established standard for how much involvement is needed for copyrightability to be recognized.
Commercial Use
When using AI-generated images commercially, beyond copyright law, you need to check the license and terms of service of the model or service you are using.
Restrictions from Model Licenses
Open-source image generation models each have their own licenses. A representative one is the “CreativeML OpenRAIL-M” license, adopted by many Stable Diffusion-family models.
This license permits commercial use but includes usage restrictions such as:
- Prohibition on use for illegal purposes
- Prohibition on creating deepfakes to deceive others
- Prohibition on use that promotes discrimination or bias
Restrictions from Service Terms
When using cloud-based image generation services, the service’s own terms apply. The service’s terms may restrict commercial use separately from the model’s license, so checking both is important.
License Comparison for Major Services and Models
The following is the treatment of commercial use in major services as of March 2026. Always verify the latest terms at each service’s official site.
Stable Diffusion family (open source)
- License: CreativeML OpenRAIL M (SD 1.5), CreativeML Open RAIL++-M (SDXL), Stability AI Community License (SD3 and later), etc.
- Commercial use: SD 1.5/SDXL are basically permitted. For the Stability AI Community License covering SD3 and later, individuals/organizations with annual revenue under $1M can use commercially for free; those exceeding this require an Enterprise License
- Features: Can run in local environments; high freedom for model derivatives and customization
- Note: Derivative models (merge models, LoRAs) may have additional license conditions
Midjourney
- Commercial use: Possible with paid plans ($10/month and up). Check the official site for current pricing
- Free plan: Commercial use not permitted
- Note: Companies with annual gross revenue over $1M must use Pro plan or higher
- Rights to generated images: On paid plans, usage rights to generated images belong to the user
DALL-E (OpenAI)
- Commercial use: Possible in accordance with OpenAI’s terms of service
- Rights to generated images: OpenAI’s policy is to transfer rights to generated images via API or ChatGPT to users. However, the “ownership” in terms of service and “copyright” under copyright law are different concepts; whether copyright arises in AI-generated works depends on the creative contribution issue mentioned above
- Note: Generating/using images that violate content policy is prohibited
Checklist for Safe Commercial Use of AI Images
When considering commercial use, check the following points in advance:
- Check the license of the model you’re using — Is commercial use explicitly permitted?
- Check the service’s terms — Are there plan-based restrictions?
- Check rights to generated images — Are there cases where rights remain with the service?
- Check that it’s not a prohibited use — Illegal content, deepfakes, etc.
- Check additional conditions for derivative models — For fine-tuned or merge models
- Periodically check for terms updates — Each service’s terms may change
- Display AI-generated label if necessary — Some industries or use cases may require disclosure
Risks to Be Aware Of
Portrait Rights and Publicity Rights of Real People
Even for AI-generated images, generating and publishing images that closely resemble real people may constitute an infringement of portrait rights or publicity rights. In particular, using AI to reproduce the faces of celebrities carries high legal risk and should be avoided.
Issues with Training Data
If copyrighted works are included in an image generation model’s training data, there is a risk that generated outputs may closely resemble existing copyrighted works. Using prompts that intentionally reproduce a specific artist’s style may expose you to copyright infringement claims.
Trademark Infringement
Generating images containing logos or brand names may cause trademark issues. Be careful that images for commercial use don’t inadvertently include existing trademarks.
Differences in Legal Regulation by Country
Laws regarding AI-generated content vary by country. When publishing content for audiences abroad, the laws of the target countries also need to be considered. In the EU, the AI Act (AI Regulation) took effect in 2024 and is being applied in stages. Mandatory labeling of AI-generated content is moving forward.
Summary
Organizing the key points on AI-generated image copyright and commercial use:
- AI-generated images alone likely do not give rise to copyright under Japanese copyright law
- If a human’s “creative contribution” is recognized, there is room for protection as a copyrightable work
- Whether commercial use is permitted is determined by both the model’s license and the service’s terms
- Portrait rights, trademark rights, and training data issues also require attention
The legal framework for AI image generation is still developing, and future legal revisions and guideline updates are possible. Regularly checking for the latest information is recommended.
Repeated disclaimer: This article is for informational purposes and does not constitute legal advice. For individual cases, please consult a specialist.
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