AI images and copyright: who is the author?

With generative AI, copyright raises two distinct questions. The first is who the author of an AI-made image is: Spanish law considers the author to be the natural person who creates the work, and YouTube summarises that copyright generally protects human creations, in an area it describes as complex and evolving. The second, more practical: if the generated image reproduces someone else's work, the law reserves the reproduction and transformation of that work to its author. YouTube encourages creators to make responsible and innovative use of content-generation tools, but it is worth knowing what copyright protects and what it does not.

Who is the author of an AI-made image?

The short answer is that there is no settled answer. In Spain, the Ley de Propiedad Intelectual (Intellectual Property Act) starts from two ideas. Its Article 5 says (translated from the Spanish) that “the author is considered to be the natural person who creates any literary, artistic or scientific work”. And its Article 10 treats original literary, artistic or scientific creations as the subject of intellectual property. How those two ideas fit an AI-generated image is precisely what has no settled answer.

What remains open is whether the person who writes the prompt, chooses among results and retouches the image is the author of something protectable. YouTube's own help puts it this way: copyright in AI-generated works is a complex and evolving area of law, each country or territory is adopting different approaches and, generally, copyright protects human creations.

For a channel, the useful conclusion is a cautious one: do not assume that an AI-generated image is “yours” in the same sense as a photo you took yourself. If a particular image matters to your business (a logo, a brand character), consult a professional before building on it.

What the provider's terms say

Besides the law, there is the contract with the tool that generates the image. Each provider has its own terms and they are worth reading. As an example, Google Cloud's specific terms for its generative AI services say two relevant things:

• That, as between the customer and Google, Google does not claim ownership of any new intellectual property created in the generated output.
• That a generative AI service may, in some cases, produce the same or a similar output for several customers.

Note the subject: those clauses govern the relationship between Google and its customer (“Customer”), who is the party contracting Google Cloud. If you generate with another company's tool that runs on Google Cloud, read that tool's terms as well.

The second clause is the one that matters most in practice: a generated image is not necessarily unique. Someone else with a similar request may get something very similar. If you want an unmistakable visual identity for the channel, AI can help you explore ideas, but it does not guarantee exclusivity.

The opposite risk: the image copies someone else's work

If the output reproduces or transforms a protected work (a cartoon character, a well-known illustration, a specific photograph), remember that Article 17 of the Ley de Propiedad Intelectual reserves to the author the rights of reproduction, distribution, public communication and transformation, which may not be carried out without their authorisation, except in the cases the law provides for. And the same law understands public communication as any act by which a plurality of persons may have access to the work without prior distribution of copies to each of them.

That is why it is best not to ask the AI for specific characters, works or logos, and to review each result with a critical eye: if an image reminds you too much of something that already exists, discard it. Avoid brands and real people too. YouTube's general rules on copyright, notices and Content ID are in copyright on YouTube.

What the European AI Regulation requires

Regulation (EU) 2024/1689, the European artificial intelligence regulation, does not decide who is the author of a generated image, but it does ask things of those who build these tools:

• Marking what is generated. Its Article 50(2) requires providers of AI systems that generate synthetic audio, image, video or text content to ensure that the outputs are marked in a machine-readable format and are detectable as artificially generated or manipulated. It has exceptions, such as systems that perform an assistive function for standard editing or do not substantially alter the input data. And Regulation (EU) 2026/1744 gave providers whose systems were placed on the market before 2 August 2026 until 2 December 2026 to comply.
• Copyright and training data. Its Article 53 requires providers of general-purpose AI models to put in place a policy to comply with Union law on copyright and related rights, and to publish a sufficiently detailed summary of the content used to train the model.

Both are asked of the provider, not of the channel. What can fall on you as a creator is the duty to disclose when you publish content that passes itself off as real, and that, with its deadlines, we explain in altered or synthetic content on YouTube.

Can you use AI images on YouTube?

YouTube's help encourages creators to make responsible and innovative use of content editing or generation tools. What it asks for is the first of these three precautions; the other two are our advice:

1. Disclose if they look real. YouTube asks creators to tell the audience when they use AI to significantly modify or generate photorealistic content. If the content is not realistic, there is no need to disclose it.
2. Do not rely on them to protect your work. YouTube's help warns that if a copyright takedown request is submitted for content that appears to be AI-created, it may ask for more details or may be unable to process it as a copyright issue. If someone uploads your generated images to YouTube, a copyright takedown request may not succeed as such.
3. Bring something of your own. A channel that just strings together generic images has problems that go beyond rights: we look at them in can you monetise a channel made with AI?

Good practice for a channel

• Record the provenance of each image: the tool, the model and, if you can, the prompt. If you are ever asked, you will have the answer.
• Read the terms of use of the tool you use, especially if the channel belongs to a company.
• Do not ask for what belongs to others: no characters, no specific works, no logos, no real people.
• Review each result before publishing it and discard anything that looks too much like something that exists.
• Declare the AI when required. YouTube clarifies that acknowledging that content was generated with AI does not limit the video's audience or affect monetisation.
• For a specific doubt, consult a professional. This article explains the general framework, not your case.

What the Estudio de Canales does (and does not do)

The Estudio de Canales does not settle the legal question, but it leaves the trail so that you can answer:

• Provenance of each image. What is AI-generated is identified with the provider and the model that made it, and with the note that it is used under the provider's terms of use. What you upload yourself needs a source and a licence to be accepted.
• A licences file in the package. The upload package includes licencias.txt (the licences file) with the origin and licence of the video's assets.
• Prompts without what belongs to others. The instructions with which the AI proposes the images ask it not to include brands, recognisable real people, celebrities or logos.
• AI notice. If the video includes AI-generated assets, the package comes out with the synthetic content notice ticked.

What it does not do: it does not check whether a generated image resembles a protected work, does not verify that the licence you write for one of your own assets is correct and does not say who holds the rights in each image. That review, and consulting a professional when needed, remain yours.

Sources consulted

Checked on 11 October 2026. We link to the original source so that you can consult the current text.

• Real Decreto Legislativo 1/1996, de 12 de abril, texto refundido de la Ley de Propiedad Intelectual (texto consolidado). BOE.
• Derechos de autor en YouTube. Google · Ayuda de YouTube.
• Service Specific Terms (sección Generative AI Services). Google Cloud.
• Reglamento (UE) 2024/1689, de 13 de junio de 2024, de inteligencia artificial. BOE · DOUE.
• Avisar sobre el uso de contenido generado por IA. Google · Ayuda de YouTube.
• Reglamento (UE) 2026/1744, de 8 de julio de 2026, por el que se modifica el Reglamento (UE) 2024/1689 (Ómnibus digital sobre IA). BOE · DOUE.