Are AI Generated Logos Trademarkable?
Are AI-generated logos trademarkable? Artificial intelligence (AI) is becoming increasingly popular across all fields of work. Mainly due to its ability to automate tasks and save time. With the availability of powerful AI tools such as Chat-GPT, Midjourney, and DALL-E, it is now easier than ever to incorporate AI into day-to-day workflows. However, the rapid development of AI has also raised concerns about its legal implications, particularly in relation to copyright.
For example, let’s say you are a startup company and you decide to use a tool like Midjourney to create your logo. While technically feasible, there are legal considerations that must be taken into account. Who owns the copyright to the logo generated by an AI tool? Can it be considered original work? These are questions that remain unanswered in many jurisdictions and can have serious legal implications for businesses that do not take them seriously.
In this article, we will explore the legal risks associated with using AI-generated content and assets, including copyright and intellectual property issues. We will provide practical guidance on how businesses can mitigate these risks when using AI tools in their workflows.
The Basics of Copyright and Trademarking
Copyright law is a legal framework that provides creators with exclusive rights over their original works, such as literary, artistic, or musical creations. Copyright protects the expression of an idea and is designed to encourage creators to produce new and original works by granting them the exclusive right to control the use and distribution of their creations.
In logo design, copyright law protects the original creative expression embodied in the design, such as the selection of colors, fonts, and visual elements. This means that the business or individual that creates the logo design automatically owns the copyright to that design. For example, the Coca-Cola, Ikea, and Shell logos are all copyright protected.
We have another article that goes deeper into this subject. To learn more about Copyright, see the following article.
AI and Copyright
The recent decision by the US Copyright Office (USCO) regarding AI-generated images highlights the legal implications of using AI in the creative process. According to the USCO, AI-generated images are not eligible for copyright protection, as they are “not the product of human authorship.” This decision could have significant implications for businesses that plan on using AI-generated content, as it suggests that AI-generated content is not protectable under current copyright law.
The USCO’s decision was made after revisiting the copyright of the graphic novel “Zarya of the Dawn,” which included images generated using the Midjourney AI. While the author, Kris Kashtanova, was initially granted copyright protection for the book, the USCO later rescinded the protection for the AI-generated images, stating that they were not eligible for copyright protection. This decision could have far-reaching implications for other forms of AI-generated content, such as logo designs.
The USCO’s decision is not without controversy, with some arguing that it is a major blow to artists who use image-generating software. However, the decision could also be seen as a victory for human artists, as it may increase the value of their work by protecting their copyright.
Mitigating Legal Risks: Recommendations for Businesses
To avoid legal complications associated with using AI-generated logos and other content, businesses should take steps to ensure that their logos are original and copyrightable. One way to do this is to avoid using AI-generated logos altogether and instead opt for logos created by human designers or design platforms, such as Scalebranding, which sells curated, unique, trademarkable logos created by humans. By using a logo created by a human designer, businesses can be sure that their logo is original and meets the requirements for copyright protection.
Conclusion
To answer our main question, “Are AI-Generated Logos Trademarkable?”, based on the recent decision by the US Copyright Office (USCO) regarding AI-generated images, the simple answer is “no, they are not”. These logos do not fall under copyright protection and thus can not be trademarked and used by everyone. Using AI-generated logos is a huge risk. Businesses should consider using logos created by human designers or design platforms, such as Scalebranding. If a business chooses to use AI-generated logos, it should take steps to ensure that the logo is original and copyrightable, carefully review the terms of service for any AI tools used, and seek legal advice to mitigate any legal risks.
