ChatGPT 4 users have found that AI can generate images based on given instructions. The instructions can be very detailed or, on the contrary, general. The result of the AI's imagination are vivid colour images, very expressive and illustrative of the idea suggested by the human user.
The question is: can these images be used commercially?
The Terms of Use (Terms) of OpenAI (the developer of ChatGPT) for the European Economic Area (EEA), Switzerland, and UK (updated as at 15 February 2024) state as follows: “Your Content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content”. You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide Input to our Services. Ownership of Content. As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.”
Our interpretation is that the concept of "Content" includes both the description of the image provided by the user and the image generated by ChatGPT based on the instructions received. Given OpenAI's clear and unequivocal agreement to assign all rights to the Content to the user, we believe that the images generated by ChatGPT according to the instructions should be allowed to be used for commercial purposes (even sold) without violating any legal or contractual provisions. Images created by ChatGPT do not need to be expressly attributed to AI, but if the user wishes to indicate authorship, then the OpenAI Terms contain recommended wording to be used for this purpose. Note that, according to the recently adopted EU AI Act (to be discussed in a future post), users of an AI system that generate or manipulate images, audio or video content that substantially resemble existing persons, objects, places or other entities or events and that would give a person the false impression that they are authentic or true (" deepfake"), must make it known that said content has been artificially generated or manipulated.
Note: Image created with DALL·E 3 The image above was created with ChatGPT 4 at our request to draw itself while working on images requested by users.