How does the removal of a trade mark for non-use work?
- 25.08.2026
I created images with an AI tool for my product packaging and marketing. A competitor says I may be infringing copyright, and I am wondering whether I actually own the images I generated. What is the legal position?
This area of law is unsettled and evolving. Under the Copyright Act 1994, computer-generated works are covered, with the author taken to be the person who undertakes the arrangements necessary for the creation of the work, and copyright can last for 50 years. However, whether an AI-generated image is protected depends on the level of human contribution and the specific facts, and courts have not settled the question. Separately, an AI output that reproduces or is substantially similar to someone else's copyrighted work may infringe, regardless of how it was made. Check the terms of the AI tool, as they may restrict commercial use or place obligations on you. Keep a record of your prompts and process, avoid prompts that imitate specific artists or brands, and consider getting a legal review before major launches.
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