The copyright status of AI-generated images is still evolving, but current guidance is clear: fully AI-generated images are generally not protected by copyright because they lack human authorship.

The key precedent is the 2023 Zarya of the Dawn decision. The U.S. Copyright Office granted copyright for the human-written text and the overall arrangement of the graphic novel, but denied copyright for the individual AI-generated images.

This established an important rule:

• Raw AI-generated images → not copyrightable
• Human-created text → copyrightable
• Selection and arrangement of images → copyrightable
• Substantial human edits to images → may be copyrightable

For authors, this has practical implications. If you use AI-generated images for a book cover or illustrations, those images may not be legally protected on their own. Someone else could potentially reuse or closely replicate them without infringing copyright.

Your book as a whole is still protected. The text, structure, layout, and your creative decisions about which images to include and how to present them can all qualify for copyright.

This creates a branding consideration. If your cover or illustrations are central to your identity as an author, relying solely on AI-generated images carries risk. Commissioning original human-created artwork provides stronger protection.

The law is still developing. Cases like Allen v. Perlmutter may further define when AI-assisted visual works cross the threshold into copyrightable human authorship.

Best practice: Treat AI-generated images as non-exclusive assets, and rely on your human-created content and design decisions for copyright protection.

Sources:

• U.S. Copyright Office: Zarya of the Dawn Decision (2023)
• U.S. Copyright Office: AI Report Part 2 (2025)
• Allen v. Perlmutter Case Docket