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Copyright and AI-Generated Images and Videos:

4 min read

Copyright and AI-Generated Images and Videos

What Businesses Need to Know to Stay Legal

Artificial intelligence (AI) tools are reshaping content creation. It is now easier for businesses to produce images and videos for use on websites, social media, and other digital outlets. All this is possible without the traditional hurdles of expensive photoshoots, special design skills, or complex video production. However, as exciting as it is, business owners must pose and confront the question of whether these AI-generated images and videos are legally safe for commercial use from a copyright perspective.

Understanding AI-Generated Content and Copyright

AI-generated content is created by training algorithms with massive datasets of existing images, videos, and text. The AI models then analyze patterns from the training data to generate new content. However, issues arise concerning the ownership of the generated content. Without clear legal guidelines, the ownership of AI-generated images and videos remains a gray area that leaves businesses and individuals vulnerable to potential disputes.

Most jurisdictions, including the United States and the EU, deny copyright protection to work purely generated by AI as it lacks human authorship. The U.S. Copyright Office stated that only content with human creative input can be eligible for protection. In its January 2025 report, the U.S. Copyright Office also states that copyrightability must be assessed on a case-by-case basis.

Laws differ globally. For instance, while the U.S. copyright office has rejected applications for AI-generated content, the U.K. allows copyright when a significant human intellectual effort guides the output.

Copyright laws do agree that a business risks infringement claims if AI-generated content resembles existing copyrighted material. So far, there has been a surge in the number of copyright lawsuits because of generative AI. A good example is Getty Images sued Stability AI, alleging its Stable Diffusion model copied millions of Getty’s photos without permission.

Generally, despite the efforts made to develop copyright laws for AI output, unlike content created by humans, there still lacks a clear legal framework for ownership and usage rights. For one, laws and legal frameworks struggle to keep up with the speed at which AI technology advances. This means that currently, no definitive, globally recognized legal standards firmly establish the copyright status of AI creations. For a business, although using AI visuals is not inherently legal or forbidden, it is best to be cautious and take due diligence.

Best Practices Every Business Owner Must Keep in Mind

  1. Read the terms of service (TOS)
    Every AI image and video generator has its own unique terms of service. Therefore, it is crucial to examine these terms carefully. Specifically, look for clauses that address issues such as commercial usage, ownership, indemnification, and TOS change policies.
  2. Understand model releases
    This especially applies where the AI-generated images may include recognizable human faces. In the same way that there are rights of publicity and privacy in traditional photography of human models, consider if this also applies to AI-generated faces.
  3. Documentation
    It is crucial to keep a record of each generated AI visual asset. Keep information such as AI platform used, prompts used, date of creation, TOS at the time of creation, and modifications made to the generated visual.
  4. Consider using well-established platforms.
    Although there is no AI platform that offers a 100 percent guarantee of copyright safety, it is safer to lean toward well-established and respected AI generators. Also, platforms trained using licensed or public domain data should be considered.
  5. Adopt the “human-in-the-loop” approach.
    This involves edits such as text overlays, color adjustments, or storyboarding. AI-generated content can be used as a starting point or for inspiration, but it is modified and refined by human designers. This results in a blend of AI assistant and human creative input to potentially mitigate copyright concerns.
  6. Seek expert legal counsel.
    When dealing with content that is central to a business identity, such as branding or major marketing campaigns, it is critical to seek guidance from an attorney specializing in intellectual property law.
  7. Stay informed
    Copyright law in the age of AI is not static; it is actively evolving. It is important, therefore, to commit to staying informed about legal developments, court rulings, and evolving practices. Business content strategies and practices also should be adjusted as the legal landscape changes.

Embrace the Future of Visuals Responsibly and Legally

The transformative power of AI to generate stunning visuals is promising to revolutionize business marketing and communication. However, business owners must approach this technology with a balanced perspective. That is, embracing its potential while avoiding copyright infringement, ensuring ethical content creation, and effectively safeguarding intellectual property assets.

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Protecting Critical Supply Chains, Recycling Programs and Victims of Digital Forgeries

3 min read

s 257, hr 825, s 351, s283, s 146, s281, s246Promoting Resilient Supply Chains Act of 2025 (S 257) – Introduced by Sen. Maria Cantwell (D-WA) on Jan. 2, this bill is designed to promote resilient critical supply chains by identifying, preparing for, and responding to supply chain shocks to critical industries. The ultimate goal of the legislation is to encourage the growth and competitiveness of production and manufacturing in the United States using emerging technologies. The bipartisan legislation is currently under consideration in the Senate.

To prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business Administration, and for other purposes (HR 825) – This bipartisan legislation would prohibit a small business with a high-level associate convicted of any crime related to financial misconduct involving a covered loan or grant from receiving any financial assistance from the SBA. It was introduced by Rep. Roger Williams (R-TX) on Jan. 28 and is currently under consideration in the House.

STEWARD Act of 2025 (S 351) – This bill was introduced by Sen. Shelley Moore Capito (R-WV) on Jan. 30. It would establish a pilot grant program to improve recycling accessibility and require the Environmental Protection Agency to collect and report on recycling and composting programs in the United States. The bipartisan bill is currently under consideration in the Senate.

Illegal Red Snapper and Tuna Enforcement Act (S 283) – This bill was introduced by Sen. Ted Cruz (R-TX) on Jan. 28 and is under consideration of the Senate. It would require the development of a standard methodology to identify the country of origin of seafood transported for sale in the United States to support enforcement against illegal, unreported and unregulated fishing.

TAKE IT DOWN Act (S 146) – Also introduced by Sen. Ted Cruz (R-TX), the purpose of this bill (also known as the Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act) is to remove visual depictions of intimate acts from the Internet. Currently, machine learning, artificial intelligence and other computer-generated technologies are being used to create digital forgeries of identifiable people, including minors, without their consent. This bipartisan legislation was introduced on Jan. 16, passed in the Senate on Feb. 13, and currently lies with the House.

TICKET Act (S 281) – This bipartisan bill would require sellers of event tickets to disclose all relevant information about ticket prices and related fees to consumers at the point of sale in order to prohibit speculative and predatory ticketing. The legislation was introduced by Sen. Eric Schmitt (R-MO) on Jan. 28 and is under consideration in the Senate.

Interstate Transport Act of 2025 (S 246) – This bill was introduced on Jan. 24 by Sen. Ted Budd (R-NC). It is designed to protect the right of citizens from any state to transport knives to other states without bumping up against state and local prohibitions. Such an act would not be subject to arrest for the possession or transport of a knife without probable cause that the person intends to commit an offense punishable by imprisonment of a year or more. The bipartisan legislation is currently under consideration in the Senate.

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2025 U.S. Tax Legislation Forecast: What to Expect

4 min read

2025 U.S. Tax Legislation ForecastAs 2025 unfolds, U.S. tax policy is poised for significant shifts, particularly with a new Republican administration under President Donald Trump. The year ahead will likely see a range of tax reforms, largely driven by the GOP’s objectives and campaign promises. In this article, we’ll explore the major tax policy trends, legislative developments, and administration changes that may shape U.S. tax law in 2025.

The Impact of Supreme Court Decisions

2024 also saw two major Supreme Court decisions with significant tax implications. In the Moore case, the Court ruled narrowly on the issue of wealth taxation, leaving open the possibility of revisiting the question in the future. While wealth tax proposals had gained some traction among Democrats, the Court’s decision, combined with the political climate, suggests that such proposals are unlikely to gain much momentum under the new administration.

The Loper Bright decision, which questioned the deference given to government regulations, could have far-reaching effects on tax policy. The ruling makes it more difficult for agencies like the IRS to issue regulations without clear legislative guidance, potentially leading to more legal challenges to IRS regulations and shifting the balance of power between lawmakers and regulatory agencies.

2025: A New Republican Agenda

With a Republican administration taking office in 2025, tax policy is expected to shift dramatically. President Trump, along with a Republican-controlled Senate and House, will likely push for several key changes to tax law.

One of the primary objectives will be to extend provisions of the 2017 Tax Cuts and Jobs Act (TCJA) that are set to expire. This includes individual tax cuts, corporate rate reductions and changes to the state and local tax (SALT) deduction cap. The extension of other expiring provisions involving lifetime gift and estate tax exemptions, AMT, child tax credits, and the mortgage interest deduction may also be on the table. Additionally, the GOP is expected to explore new tax cuts, with some lawmakers proposing measures like eliminating taxes on tips, which was promoted during Trump’s election campaign.

On the corporate side, there may be discussions about lowering the effective tax rate through credits and incentives rather than direct reductions to the statutory corporate tax rate. There also could be movement on tax expensing for research and development, as well as other measures to incentivize business investment.

Potential Revenue-Raising Measures

Despite the tax cuts expected to dominate the agenda, there may be some revenue-raising measures included in the GOP’s tax proposals. The focus on reducing deficits could lead to efforts to cut some of the green credits in the Inflation Reduction Act, although these cuts are unlikely to raise significant revenue. There also may be attempts to tighten international tax rules from the TCJA to generate more revenue.

President Trump has also proposed replacing individual income taxes with increases in tariffs, implementing a universal 20 percent tariff across the board, and implementing an additional 50 percent tariff on imports from China.

IRS Funding and Administration Changes

Under the new administration, the IRS is expected to face significant cuts, particularly in its enforcement budget. The $80 billion allocated to the agency in recent years, which was intended to improve taxpayer services and combat tax evasion, is likely to be rolled back. Republicans have expressed strong opposition to the IRS’ expanded powers and are expected to push for a reallocation of those funds toward customer service rather than enforcement.

Additionally, the new administration may replace current IRS Commissioner Daniel Werfel, who was appointed during the Biden administration. Trump could nominate a new commissioner, and if this happens, it could spark further debates over the direction of the IRS in the coming years.

Conclusion

2025 promises to be a dynamic year for U.S. tax policy, with significant changes expected under the new administration. Key issues to watch include the fate of the TCJA’s expiring provisions, potential new tax cuts, and ongoing debates over IRS funding and regulations. As the administration works to implement its agenda, there will likely be contentious discussions and compromises on Capitol Hill, setting the stage for a new era of tax policy for the United States.