# Who owns AI-generated content, and can you sell it?

> Who owns AI-generated text and images in the US, UK, Canada, and Australia, what AI companies' terms allow for commercial use, and when to disclose AI use.

In the US, purely **AI-generated content** is not protected by copyright, and prompts alone do not make you its author; in March 2026, the Supreme Court declined to review the case that confirmed it. The UK still protects computer-generated works for 50 years, though its government proposed in March 2026 to remove that protection. The main AI companies let you use outputs commercially, with conditions.

**Key takeaways**

1. The US Copyright Office said in January 2025 that, with current technology, prompts alone do not give a user enough control to be the author of AI-generated material.
2. Microsoft's terms for its consumer Copilot app allow personal use only, so a business needs one of Microsoft's commercial Copilot plans.
3. The FTC's rule on consumer reviews, in force since October 21, 2024, covers fake reviews generated by AI, with civil penalties of $53,088 per violation.


## Who owns what AI creates for your business

You can usually use what an AI tool produces, including commercially, but you may not own a copyright in it, and the answer depends on your country and your plan. That is the ownership side of [the rules for using AI at work](/guides/ai-at-work/data-and-rules/), summarized from official sources as of November 10, 2026; the US Copyright Office's [AI resources](https://www.copyright.gov/ai/) are the most detailed of them. This page is not legal advice.

### Copyright, country by country

| Country | Can AI output be protected? | Status as of November 2026 |
|---|---|---|
| US | Not if purely AI-generated; your own contributions, such as creative selection, arrangement, or edits, can be | Settled in *Thaler v. Perlmutter* (2025); the Supreme Court declined review on March 2, 2026 |
| UK | Yes, as a “computer-generated work,” for 50 years; the author is whoever made the arrangements, usually the person who wrote the prompt, according to the government | The government proposed removing this protection on March 18, 2026; no bill yet |
| Canada | Case law requires a human author exercising skill and judgment, according to the federal government | No court ruling on AI and no bill after a 2023–2024 consultation |
| Australia | Not clarified; a government reference group is examining it | Work under way since October 2025, no decision published |

In the US, registering a work that contains AI material means disclosing it and excluding any AI-generated part that is more than minimal. The UK rule is in [section 9(3)](https://www.legislation.gov.uk/ukpga/1988/48/section/9) of the Copyright, Designs and Patents Act 1988.

### What the AI companies' terms say

| Company | Who owns the output | Protection if someone sues you |
|---|---|---|
| OpenAI | You; OpenAI assigns its rights, “if any” | Business terms cover API and ChatGPT Enterprise customers; ChatGPT Business is not named explicitly; nothing for consumer plans |
| Anthropic | You; same assignment “if any” on consumer plans | Commercial terms defend customers against IP claims about paid use |
| Google | Google claims no ownership | Paid services such as Gemini in Workspace are covered; the free consumer app is not |
| Microsoft | Microsoft claims no ownership | Paid commercial Copilots are covered by its Customer Copyright Commitment; the consumer app is for [personal use only](https://www.microsoft.com/en-us/microsoft-copilot/for-individuals/termsofuse) |
| Canva | You, except where the output modifies Canva's licensed library content | Its public enterprise contract excludes outputs |
| Adobe Firefly | Commercial use allowed outside beta features | Eligible plans whose contract links to Adobe's IP indemnity, excluding partner models, betas, and trials |

Every indemnity has exclusions: changing the output, knowingly infringing, turning off the provider's filters, or using a trademark in trade.

### Owning is not the same as having copyright

“We assign our rights, if any” gives you whatever rights exist, which in the US may be none for purely generated material. OpenAI and Canva also warn that outputs may not be unique: a competitor can get something very similar. If exclusivity matters, as for a logo, add substantial human work and keep a record of it.

### Do you have to disclose AI?

No general law in our four countries requires you to label AI in ordinary marketing; the UK's Advertising Standards Authority says there is [no blanket legal requirement](https://www.asa.org.uk/news/disclosure-of-ai-in-advertising-striking-the-balance-between-creativity-and-responsibility.html). Several rules still apply:

- **Fake reviews are banned,** AI-generated ones included: under the FTC's rule in the US, the Digital Markets, Competition and Consumers Act in the UK since April 6, 2025, and Australian consumer law.
- **Bots that sell must say so** in California.
- **A label does not fix a misleading ad,** says the ASA: an AI image that exaggerates a product's effect stays misleading.
- **The AI companies forbid passing AI off as human:** OpenAI, Google, Microsoft, and Canva all prohibit it in their terms.
- **Platforms have their own rules:** YouTube requires creators to disclose realistic AI content, Etsy asks sellers to say so in the listing, and Meta labels content it detects as AI-generated.

### Five rules for a small business

1. Use a business plan for commercial work, and check its terms on commercial use.
2. Keep a record of your own edits and choices; that is the part copyright may protect.
3. Never present AI output as written or made by a person.
4. Label realistic AI images and video of real people or places.
5. Never use AI to write reviews or testimonials.

### Clients in the European Union

The EU's AI Act adds its own labeling duties for deepfakes and some published text. See [the AI Act for small businesses](/guides/ai-at-work/data-and-rules/eu-ai-act/).

### Writing it into your rules

Disclosure and ownership belong in your team's one-page policy. See [our AI policy template](/guides/ai-at-work/data-and-rules/ai-policy/).