We answer this minefield of a question, is it possible to sell AI generated art?
We get asked this questions quite often, people just want to know if they can sell the Artificial Intelligent (AI) art they have created with stable diffusion. Well the short answer to all this is yes, but you can’t copywrite the content you have created. Ok it’s a little bit more complex than that, there are a few rules you need to follow.
Confusing? well this article was created to explain to you what you can and can’t do with the art you have created with stable diffusion. This may also apply to other AI generative tools like midjourney. So please read on if you want to find out if it’s possible to sell your AI generated art.
Can I Sell AI Generated ART
Yes, yes you can sell AI generated art, well it depends what models you are using and what laws exist in the country you reside in. There has been a lot of heat recently in regards to selling AI art, so it’s always best to see if any local laws have changed in regards to this.
One of the main complaints is that some of this new technology is being trained on other artists work. So if you are using a custom model mixed with a LoRA that is trained on say Pixar, then Disney might have a stern warning for you. Especially if you try to sell that work.
Currently you can get around any issues if you work was “inspired” by another artist, but for it to mimic another artists, well it will land you in trouble. This has been common practice for many years. Things are only starting to change due to the mass spam of AI art flooding online marketplaces.
You may, or may not have noticed that there are plenty of people already selling AI created artwork online in market places like Etsy. It is a super oversaturated niche and if you really want to sell AI art you need to bring something new to the table. Be niche specific. Don’t just create the same images everyone else is doing.
Does this mean I Can’t Use Custom Models?
No, it is perfectly fine to use custom models and LoRA files. You can use stable diffusion to create anything your heart desires. All we are saying is that if your image closely resembles someone else’s work, to the point people think it was created by said artist. Then maybe, just maybe hold off from selling that AI created art. Sure show it off, but don’t sell it.
The use of fan art is perfectly fine, just don’t try to pass that work as your own and gain financial benefit from it. Also please remember that when you are downloading custom LoRAs and Model files, you always read the statements issued with these files. Some of them will mention weather or not you can use these images commercially.
What are The Rules When Using Stable Diffusion to Create AI Art?
Stable diffusion operates it’s own policy. Basically they claim no rights to the images you create. You are able to do whatever you want with them. This puts full responsibility on the individual.
So if you commit a crime or do anything wrong with your images, well it’s on you. Most likely why the platform is open source. Frees up a lot of clerical work, dealing with lawsuits, complaints and such.
Stable Diffusion is under the CreativeML Open RAIL-M license. This means that it restricts using the model for harmful, deceptive, or unethical purposes.
Can I Copywrite my Work
No, you can not copywrite your own work. Images created using AI tools can not be copywritten. No, the US Copyright Office took the position that AI-generated art cannot receive copyright protection. So when you publish your work it’s for everyone to enjoy.
You can however keep your prompts, settings and parameters you have used private, so people can not mimic your work. But ultimately when you share an image online, anyone can download, edit and use that image.
Laws In Other Countries
Some countries are stricter than others when it comes to selling AI art. We did a large write up on a recent law change in Japan. Basically if you are creating AI images that have been trained on someone elses images, you can not sell them images on.
We feel this was a good move for Japan, as the manga/anime industry is huge business. The last thing anyone would want is for people to be able to mimic artists work and sell it on. Let’s face it some images can take weeks to create, where as an AI tool can make it in a matter of seconds. How can anyone compete with that?
What Are Our Views On Selling AI Art?
Well if it’s your own work, it’s unique and has your own style. Sure be our guest. Sell your AI art, why not make yourself a little cash on a hobby you love.
Now if you are creating images based on someone else’s work in an attempt to steal their creative nature. Then no, we do not think you should sell AI created art in this format. So the next time you list an new item on online market places, ask yourself again is what im doing theft or someone else’s work or not?
What do you think about selling AI art, we would love to hear your opinions. Drop a comment below.