Principles to Become a "Non-Infringing Creator"
Here are 5 basic principles to avoid copyright trouble in AI-using creative work.
Principle 1: Don't Name Others' Styles
NG Prompt Examples
× "a cat in Hayao Miyazaki's art style" × "a Takashi Murakami-style character" × "a portrait in Picasso's style"
OK Prompt Examples
○ "a cat in a gentle watercolor style" ○ "in pop, modern art" ○ "in a cubist tone"
Replace style expressions with abstract terms, not proper nouns.
Principle 2: Don't Directly Generate Characters/Brands
NG Examples
- Existing characters like Mickey Mouse, Hello Kitty, Pikachu
- Famous brand logos, Coca-Cola, Apple's apple mark
- Real celebrities'/notable people's faces
Even if AI can draw these, they are trademark/copyright/portrait-rights infringement.
Principle 3: Modify/Hand-Finish the Output
Don't deliver pure AI output as-is; always have humans add touches:
- Color adjustment/cropping
- Adding/removing elements
- Text insertion
- Combining multiple drafts
This adds a "human creation" element, making your own copyright claim easier.
Principle 4: Choose Commercially Safe Tools
- Adobe Firefly: trained on Adobe Stock, guarantees commercial safety
- Getty Images' AI: trained on its own library
- Shutterstock's AI: same
Consider when you want assurance for client work/large-scale commercial.
Principle 5: Keep Records
- Tool name/version used
- Full prompt
- Generation datetime
- The process to adoption (multiple candidates, what humans added)
If trouble arises, you can prove you didn't intend infringement.
Prompt Elements to Watch
| Element | NG example | Rephrasing |
|---|---|---|
| Artist name | by Greg Rutkowski | fantasy art style |
| Character name | Spider-Man | red and blue superhero |
| Movie title | Star Wars style | space opera, sci-fi |
| Celebrity | Taylor Swift portrait | young woman with blonde hair |
Things to Watch for Resemblance
- Unintended resemblance: after generating, check via Google image search for "close to an existing work"
- Coincidental face match: a generated person may resemble a real person, confirm
- Buildings/places: specific famous architecture (Tokyo Tower, Eiffel Tower) is basically OK, but caution by use
Response When Troubled
- Immediately stop using the item
- Explain the situation to stakeholders (clients, fans)
- Apologize and delete if needed
- Consult a lawyer if amounts are large
- Set a rule for yourself to prevent the same failure
Industry Trends (2026)
- Legal organization of AI training data is ongoing, e.g., NYT vs OpenAI lawsuit
- Creator bodies' AI-use guidelines being established per industry
- Debate on mandatory "AI use" disclosure
- Market expansion of commercially safe tools
Protect, While Expanding Creation
Follow the principles and AI is a powerful creative partner. Think "add your own originality" rather than "avoid danger." The next chapter proceeds to using concrete tools (Midjourney, DALL-E, etc.).
