Clear Summary! Is Using AI to Create Images Following Social Media Trends a Copyright Violation? Check Here

Clearing up doubts: Is using AI to create fun images following social media trends protected by copyright? Who is the true owner of these images? We also explore important precautions about infringing others' rights that content creators should know.

The trend of creating images with AI is booming on social media, but the question that arises is“Do these images have copyright protection?”And are we infringing someone’s rights? Thairath Online takes you to clear and accurate answers.

In-depth exploration“AI images”Following social media trends, who really owns the copyright?

Amid the wave of sharing beautiful images created by Generative AI—whether realistic portraits or humorous caricatures—many overlook“legal issues”and“ethics”in their use. The key question is: When we input a prompt to AI to generate an image, who actually owns the copyright to that image?

Thai copyright law and works created by AI

According to the Thai Copyright Act B.E. 2537 (1994) and most international guidelines, the creator of a copyrighted work must be“a human”only, and the work must involve human creativity and effort.

Information from the Department of Intellectual Property states that "Works created solely by AI, where humans only provide short prompts, typically “do not receive copyright protection” due to the lack of human creative contribution."

Does creating AI images following trends infringe others' copyrights?

Using AI to create images may infringe copyright in two main cases:

1. Use of copyrighted input data: If AI is trained on databases containing copyrighted images from other artists, and the generated image closely resembles the original, it may constitute copyright infringement of the original artwork.
2. Violation of image rights (Right of Publicity): Using AI to create images of other people's faces (such as celebrities, politicians, or acquaintances) without permission for commercial use or to damage their reputation can be a civil and criminal offense.

How to use AI-generated images safely and correctly

To creatively follow social media trends without risking legal action, adhere to these guidelines:

• Read the Terms of Service: Each platform, such as Midjourney, DALL-E, Adobe Firefly, has different copyright terms. Some only allow commercial use for paid subscribers.
• Avoid creating harmful caricatures: Avoid using AI to create images that demean human dignity or generate fake news.
• Check the source: Currently, Adobe Firefly uses Content Credentials to indicate an image’s AI involvement for public transparency.

Although AI technology enables us to create beautiful works instantly, under Thai and international law,“images created 100% by AI”remain a legal gray area difficult to copyright in a human's name. The biggest caution for users is not just the copyright of the resulting image but“the rights of others”that may be used as training data or infringed through our prompt commands.