Can I submit images made with (the help of) AI for collective rights remuneration?
More and more visual creators are working with generative AI. This means Pictoright is also receiving questions about whether, as a Pictoright affiliate, you may submit images that were (partially) generated using AI for collective rights distribution.
This is a complex issue, especially because the legal position is not yet fully clear. A key requirement for submission and receiving remuneration is that the work must be protected by copyright—it must meet the legal standard for protection.
There is still a lot of uncertainty about whether and when a human user of AI systems can be considered the copyright holder of (partially) AI-generated images. Due to this uncertainty, Pictoright has decided, for the time being, to adhere to the standard copyright protection test.
In order to obtain copyright protection for an image, the creation of that image must involve certain “free creative choices” made by the (human) creator, which reflect their personality.
So far, it's unclear how this criterion applies in the context of AI: how much room does AI leave for the human creator to make their own choices? (See our FAQ: Are AI creations protected by copyright?) Moreover, it is difficult for Pictoright to make general statements about when an AI-assisted image qualifies for copyright protection, given the wide range of artistic practices among our affiliates.
If you believe that your process included sufficient opportunities to make creative decisions—and that you made use of those opportunities during the creation of your work (e.g., in the post-processing, or if the image is based on an original work that was merely "enriched" using AI)—then in principle, that work may be submitted to Pictoright for collective rights purposes.
However, it is important that you are able to explain and visually support these choices upon request, for example if your work is reviewed by us. That means you should carefully document your process, especially the parts involving AI. Think of sketches, screenshots of your workflow, and records of how you used AI.
We also recommend reviewing the terms of use set by the AI tool provider you used.
If you believe that your AI-assisted work involves genuine human creative input, you may, in principle, submit it (just as you would any other work). As mentioned, you must be able to explain and demonstrate those choices—e.g., during an audit or review. Pictoright reserves the right to exclude a work from remuneration if it does not meet the criteria.
Please note that this policy may change in response to legal or technological developments. Copyright law and AI are evolving very rapidly.