AI art and copyright: what can you do with a drawing of your own photo?

First the photo: that one is usually yours

The copyright of a photo belongs to whoever took it. If you took the photo yourself, you are fine and you may have it turned into a drawing. If someone else took it, that person holds the copyright and in principle you need their permission.

In practice this mostly goes wrong with professional photos: wedding shoots, newborn sessions and business portraits. Those photos legally belong to the photographer, even though you are in them and paid for the shoot. Luckily the fix is simple: a quick message to the photographer, and in the vast majority of cases a drawing for private use is no problem at all.

Then the drawing: this is where it gets legally interesting

In Europe, copyright only arises from a human's own intellectual creation. For an image largely made by AI, it is uncertain whether copyright arises at all, and if so, who holds it. Courts and lawmakers have not settled this, not in Europe and not elsewhere either. The US Copyright Office has refused registration of purely AI-generated work several times already.

What does that mean in practice? That an honest provider cannot promise you full copyright on an AI drawing. If you see that promise somewhere, be sceptical. What is possible, and what we therefore do: clear agreements on what you may do with the result, in the form of a usage license.

What can you do with your drawing in practice?

At Dixels a purchase comes with a personal usage license. With it you may, at the very least:

• print, frame and hang the drawing, at home or wherever you like;
• give it as a gift, including when the print ends up on the recipient's wall;
• share it on social media and use it as a profile picture;
• use it on cards and invitations for private use, such as a birth announcement or moving card.

What you may not do without separate arrangements: use the drawing commercially. Think selling it as a poster, using it as a company logo or printing it on products you sell. For that there is a separate arrangement via our business route. Not sure whether your plan counts as commercial? Just send us a message.

Do not forget portrait rights

Separate from copyright there are portrait rights: people in a photo have a say in what happens to their likeness. If you have a portrait made of someone else, the starting point is to simply ask. For a surprise gift within family and friends you may reasonably assume a beautiful portrait on the wall is fine. With ex-partners, colleagues or public figures it is different: do not do it without checking.

Honestly: your drawing is not unique

One more thing we would rather be too open about than too quiet: AI can make something comparable for someone else. Your drawing is made from your photo and therefore personal, but exclusivity like an original painting is something we cannot promise. No AI provider can, whatever is claimed. If exclusivity matters to you, a handmade original is the better choice.

Further reading

How we have arranged this exactly, including what happens to your photo, that we do not train on your images and how to request deletion, is on the page AI and copyright.

Finally, to be clear: this article is general information, not legal advice. If you are unsure about a specific situation, for instance commercial use or a photographer's photo, seek advice or send us a message. We are happy to think along.