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Usually, you can use an AI-generated video commercially only if the applicable AI service terms allow that use and you have cleared any other rights involved. That permission does not automatically mean you own copyright in the video, or that it is free to use someone else’s footage, music, artwork, character, logo, likeness, or voice. In the United States, copyright protection for AI-assisted material depends on whether a person contributed enough original expression.
Three separate questions determine whether you can use an AI video commercially
“Commercial use” is not one legal test. Assess the service’s terms, copyright authorship, and third-party rights separately. A yes to one does not settle the others.
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- Does the service permit this use? Check the terms for the exact provider, model, feature, account or plan, and intended distribution. A provider’s permission governs your relationship with that provider; it is not a blanket clearance of every element in the video.
- Is any part of the video protected by copyright? The U.S. Copyright Office says AI-assisted output may qualify where a human author determines sufficient expressive elements. Its January 29, 2025 report says prompts alone are not enough under its assessment of generally available technology.
- Do you have rights to everything used or depicted? Uploaded or referenced works, identifiable people, and other protected material can raise issues independent of the AI service’s terms. You may need permission, a license, or another applicable legal basis.
This guide addresses U.S. law and the official provider statements described below. It is general information, not a determination that a particular video is cleared for a specific campaign.
What the Copyright Office says about AI-generated video
The Copyright Office’s Copyright and Artificial Intelligence, Part 2: Copyrightability, released January 29, 2025, does not treat all AI-assisted work alike. The key issue is whether human-authored expression is present in the output and substantial enough to meet copyright’s authorship requirements.
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Prompts alone are not enough under the Office’s current analysis
The Office says that merely providing prompts does not give a user sufficient control over the expressive elements generated by current generally available technology. This is not a rule that every use of AI defeats copyright: it means that entering a prompt, by itself, does not establish human authorship of the resulting expression.
Human-authored expression and creative editing may qualify
Copyright may protect human-authored expression that appears in the result, as well as a person’s sufficiently creative selection or arrangement of material and creative modifications to AI-generated content. The analysis is fact-specific. A video can also combine unprotected AI-generated material with protectable human-authored parts; using AI as part of a larger work does not automatically disqualify the human contributions.
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Keep records of your creative work—such as original footage, edits, sequencing, compositing, and other expressive choices. Those records can help identify what you contributed, but they do not guarantee that a contribution meets the legal standard.
Provider terms: what the official pages say
Provider policies differ, may change, and can vary by feature or entitlement. The following are attributed summaries of the official statements identified below, not promises that a particular output is cleared against third-party claims.
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| Service | What the cited official page says | What to check before relying on it |
|---|---|---|
| Runway | Runway’s help article says content created using Runway is the user’s to use without non-commercial restrictions from Runway, and points users to its terms for specifics. | Read the terms that apply to your account, model, and use. Runway’s statement does not clear rights belonging to others. |
| Adobe Firefly | Adobe says outputs from features without a beta label may be used in commercial projects, subject to applicable terms and appropriate entitlements. Adobe also describes contractual IP indemnification for select outputs and plans. | Check whether the feature is labeled beta, whether your entitlement covers the use, and whether any indemnity applies to your output and plan. The statement does not establish indemnity for every output or customer. |
| Google Flow | Google Flow’s help page raises commercial use and directs users to the applicable Google terms; it does not establish a universal commercial-use permission. | Review the current terms applicable to your account and intended use rather than assuming the tool’s availability means commercial use is permitted. |
| OpenAI Sora | OpenAI’s Service Terms address public sharing: sharing a video or image through the services involves a representation that you have the necessary rights and grants OpenAI rights for operating and promoting the services. | Distinguish those public-sharing conditions from a general statement of commercial-use permission. Review the precise terms applicable to your use. |
These statements are not interchangeable guarantees. When comparing tools, look beyond a “commercial use” label: check feature and plan restrictions, beta exclusions, any indemnity’s actual scope, and what rights you grant when you share inputs or outputs publicly.
Commercial permission does not clear third-party material
A service may permit commercial use of what you generate while the video still includes material you have no right to use. This can matter if you upload source material, ask for a recognizable protected work, or include material in editing or post-production.
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The Copyright Office’s general explainer identifies buying or licensing a work, obtaining permission, relying on an applicable exception or limitation, and using public-domain material as possible bases for use. Whether a particular exception applies depends on the facts; do not assume that commercial use is allowed just because an AI tool produced or transformed the material.
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- Footage, images, and artwork: Identify who owns the source material and what license or other legal basis permits your intended use.
- Music and audio: Check rights to both the composition and the recording where relevant; permission for one does not necessarily cover the other.
- Characters, logos, and brands: Consider copyright, trademark, and other relevant rights rather than treating a generated depiction as automatically cleared.
- People and voices: If someone is identifiable, consider consent, publicity or privacy rights, and other applicable rules. The Copyright Office’s July 31, 2024 Part 1 report treated unauthorized digital replicas as a distinct concern and recommended federal legislation; that recommendation is not itself enacted law.
Copyright registration when a work includes AI material
The Copyright Office’s registration guidance says applicants should disclose more than a de minimis amount of AI-generated material and briefly describe the human author’s contribution. The Office has registered works incorporating AI material with protection covering the human contribution. Registration does not convert AI-generated expression into human-authored expression; describe the work and contributions accurately under the Office’s guidance.
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A practical clearance checklist before publishing or monetizing
- Identify the exact tool and terms. Record the provider, model, feature, account or plan, and date of generation. Review the terms that apply to the intended commercial use, including any beta or entitlement limits.
- Inventory what appears or can be heard. Note uploaded or referenced footage, images, music, characters, marks, and identifiable people or voices.
- Document the rights basis for each third-party element. Record the permission, license, public-domain status, or potentially applicable exception you rely on. If you cannot identify a basis, do not assume the provider’s terms supply one.
- Record your human contributions. Keep source files and notes showing your original expression, creative edits, selection, arrangement, and modifications.
- Assess registration disclosure separately. If you apply to register a work, follow the Copyright Office’s disclosure guidance for more than de minimis AI-generated material and describe the human contribution.
- Check public-sharing terms before posting to a service gallery or similar feature. Sharing may involve representations about your rights and licenses to the provider that are distinct from your commercial-use plans.
Scope and limits
This article focuses on the United States; it does not establish that the same rules apply in other countries. The answer for an individual video can depend on its source materials, human contributions, provider terms, depicted people and marks, distribution, and governing law. The Copyright Office’s report addresses copyrightability; it is not a blanket approval of every commercial use of AI-generated video.
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