Legal questions about generated images are frequently conflated when they are actually distinct.
Whether outputs are protected
Copyright requiring human authorship in most jurisdictions.
Which has produced rulings that purely generated images are not protected.
Whether training infringes
A separate question about the use of protected works.
Which is being litigated extensively.
Whether outputs infringe
Generated images resembling specific existing works.
Which is assessed like any other similarity claim.
Contract terms
Platform terms allocating rights between provider and user.
Why keeping the questions separate matters
Whether a generated image can be owned, whether training on protected works was lawful, and whether a particular output infringes a particular work are three different questions with three different answers.
Which means an argument that conflates them will reach a confident conclusion that does not follow.
Courts in different jurisdictions have reached different answers on each, and several of the most consequential cases remain undecided.
Human authorship requirements
Registration offices requiring meaningful human contribution.
Which means substantial editing and arrangement can attract protection where the raw output does not.
Practical consequence for commercial use
Unprotected images being usable by anyone.
Which matters for brand assets.
Terms of service
Providers granting whatever rights they can.
Which cannot exceed what the law allows.
A general note
This is description rather than legal advice, and the position differs substantially by jurisdiction.
Why these questions are unusually hard to settle
Creative work has always involved learning from other people’s work, and the law reflects that: ideas and styles have never been protected, only specific expression. That principle exists for good reasons and nobody wants it reversed.
What has changed is that a capability which previously required years of practice now requires a sentence, at essentially unlimited volume. Whether that is a difference of degree or of kind is the actual argument, and it is not resolvable by pointing at existing law, because existing law was not written with this in view.
Where the practical action is
Not, so far, in courts. Collective bargaining has produced enforceable terms faster than litigation has produced rulings, provenance standards have advanced faster than detection, and platform and publisher policies have moved faster than legislation.
That means the rules governing this in practice are currently a patchwork of contracts, platform terms and professional norms, all of which vary and none of which is comprehensive. Anyone commissioning, producing or publishing creative work is operating inside that patchwork whether or not they have noticed.
A general note
Copyright, contract and likeness law differ substantially between countries and are developing quickly. Nothing here is legal advice, and anything with money or rights attached warrants a qualified adviser familiar with the relevant jurisdiction.
What working creatives actually seem to want
Across surveys, union negotiations and professional body statements, the demands are fairly consistent: consent before their work is used in training, some form of compensation when it is, credit where their contribution persists, and disclosure so that clients and audiences know what they are looking at.
None of those is a demand that the technology stop existing, which is worth noting given how the debate is frequently characterised. They are requests for the same terms that apply when any other use is made of someone’s work.
The argument on the other side
Requiring consent for training would be practically impossible for datasets already assembled, would advantage large companies able to license at scale over smaller developers and researchers, and would sit awkwardly with a legal tradition that has never required permission to learn from published work.
Both positions are held seriously by people who have thought about them, and the resolution is likely to be legislative and messy rather than clean in either direction.
What to do in the meantime
If you commission creative work, specify what tools may be used and what disclosure you expect. If you produce it, be clear with clients about what you did. If you publish it, have a policy and state it. If you consume it, check provenance rather than trying to spot artefacts.
All four are available now, none depends on the law being settled, and between them they cover most of the situations that actually arise.
Where to follow this properly
Professional bodies for the relevant discipline publish position statements, survey data and practical guidance, and they are considerably better informed than general coverage. Court filings and judgments in the major cases are public. Standards bodies publish their specifications openly.
All of that is more useful than commentary, and most of it is free. The field is moving quickly enough that anything written more than a year ago should be checked against the current position before it is relied on.
One closing observation
Most of the heat in this argument comes from treating a set of separate questions as one. Whether training was lawful, whether outputs can be owned, whether a style can be protected, whether disclosure should be required and whether the market effects are acceptable are five different questions with five different answers.
Separating them does not resolve any of them, and it makes the disagreement considerably more tractable than it appears when they are argued together.