Using AI and copyright obligations
No matter how well you craft a prompt, it does not automatically create copyright; this is something many brand owners do not fully understand before using AI as a core asset.
Content created entirely by AI is often not protected by copyright due to the absence of a human author. The part that is protected, if any, is the part you truly create and refine. Therefore, for core assets like logos or identity systems, a human must genuinely lead the process, not just type commands.
- people leading and deeply refining core assets
- prioritize data sources with clear licenses for commercialization
- Document the process to demonstrate human contributions.
- use a purely AI-generated logo as the main identity
- ignore licenses for images, fonts, and music sourced from or created by AI
- not retaining the work done by individuals
Many business owners start using AI to create logos, write brand names, and generate identity ideas, then assume that the results automatically belong to them. The legal reality is not that simple. Using AI does not eliminate copyright obligations (copyright is protected by law), and whether a part is protected or not depends on the level of genuine human contribution in the creation process.
Parts that are protected, and parts that are not
According to the guidance from the U.S. Copyright Office in 2025 (foreign document, for reference only; Vietnamese law is considered separately), in Vietnam, the author is the person who directly creates the work (Intellectual Property Law Article 13); the amended Law 131/2025/QH15, effective from 01/04/2026, assigns the Government to regulate the emergence of rights for creations involving artificial intelligence. Copyright only protects the part that is the product of human creativity. Works created entirely by AI, without any creative contribution from the user, do not meet the conditions for protection. When a work includes both human and AI contributions, only the part contributed by the human can be protected.
The boundary is not whether you use AI or not, but rather the level of genuine human contribution, which is assessed on a case-by-case basis. Typing a prompt, no matter how detailed, is not enough to create copyright if you stop there and take the output directly. Conversely, if you use AI as a supportive tool in a creative process that you genuinely lead, refine, and intentionally select, that part may be protected.
Risk of duplication and data sources
AI models learn from vast amounts of data, including works by others. AI outputs may inadvertently reproduce or derive parts of copyrighted works, especially with logos, illustrations, fonts, and background music. If you use that output directly without checking, the risk of trademark infringement or copyright violation is real.
Specifically for images and fonts used in AI tools or taken from AI, the licensing conditions of each tool and resource need to be read carefully before commercialization. Not all AI outputs can be freely used for business purposes.
When to be more cautious
Core assets that need protection (logo, identity system, brand name): Humans must lead and refine deeply. AI can assist in generating variations and initial ideas, but the final decision, refinement, and selection must come from professionals. This is also what creates copyright and legal value for those assets.
Supporting assets, not for wide commercial use (internal content, idea testing): Can be more flexible with AI outputs, but still need to pay attention to the tool's usage conditions and not use outputs for trademark or copyright registration without genuine creative contributions from individuals.
Copyright only protects the part that is a product of human creativity. AI-generated works are not protected at all. When a work contains both human and AI contributions, only the human contribution may be eligible for protection.
US Copyright Office, Copyright and Artificial Intelligence Report (2025)
Common errors
- Thinking that typing a prompt grants full copyright over the output, while the AI-generated part may not be protected.
- Use AI outputs directly as logos or identities without checking for duplicates, risking trademark conflicts with others.
- Ignoring the licensing conditions of images, fonts, or music input into or output from AI can lead to violations when commercializing.
- Do not save the work done by individuals; when needing to prove authorship, there are no records.
Documents should be kept
For important assets, it is advisable to keep a complete record of the creative process: sketches, notes of ideas, steps of refinement, and reasons for selection. When legal issues become complex or the asset value is high, it is wise to consult an intellectual property lawyer (a legal expert in copyright and trademarks), rather than making assumptions.
Decision checklist
Topic: Respecting copyright and data sources when using AI. Sinh Vũ guide, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
References
US Copyright Office, Copyright and Artificial Intelligence Report (2025); US Copyright Office, Works Containing Material Generated by AI (policy PDF); Jones Day, Copyrightability of AI Outputs: Human Authorship Requirement. Practical experience from Sinh Vũ Studio.
Frequently asked questions
I write very detailed prompts, do I have copyright over the output?
According to the guidance from the U.S. Copyright Office in 2025 (foreign document, for reference only), merely selecting and writing commands, no matter how elaborate, is not enough to create copyright. Rights only arise from the parts you truly create, edit, or intentionally select. This means that if you take the output directly without refinement, that part may not be protected. Vietnamese law is considered separately, so for important assets, it is advisable to consult an intellectual property lawyer.
If I use images and fonts sourced from AI tools, do I need to check the licenses?
Yes. AI models learn from large datasets, and outputs may derive from copyrighted works of others without notification. When commercializing, images and fonts need clear licenses. It is advisable to prioritize sources with transparent commercial licenses rather than using unchecked AI outputs directly.
What do I need to keep to prove copyright later?
Keep a record of all the human contributions: hand sketches, notes of ideas, the refinement process, and reasons for selection. This is documentation to prove your creative contribution when you need to register for protection or face disputes. Without this documentation, proving rights will be very difficult.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.