Using DALL-E 3 To Create Images — Legals

What’s the legal position on using AI for imagery?

Susie Kearley 🐹 Guinea pig slave
Writers’ Blokke

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Haunted House created by DALL·E 3

Inspired by Bette A. Ludwig 🔍 who wrote a little article on creating images, I decided to have a play with DALL-E 3 to create images.

I asked for a picture of a haunted house. It spat out four lovely pictures. I felt spoilt for choice! But I was nervous about whether they were free to use behind a paywall, or whether copyright might be an issue…

According to help.openai.com their policy on commercial use is as follows:

Subject to the Content Policy and Terms, you own the images you create with DALL·E, including the right to reprint, sell, and merchandise — regardless of whether an image was generated through a free or paid credit.

‘Ownership’ does not extend to prohibiting others from using the same image however, because it may spit out the same selection to someone else who asks for a haunted house.

Haunted House created by DALL·E 3

The DALL·E content policy talks about not using the software to promote hate, harassment, violence, harm, to create shocking imagery, sexual images, political images, deceptive or illegal images, and…

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