Our agency is using DALL-E 3 through ChatGPT Plus for concept art and social media graphics for clients. Need clarity on:
OpenAI's terms seem straightforward but I want to make sure we're not missing anything.
Been selling DALL-E 3 images on stock sites for about a year. A few practical notes:
Revenue-wise, AI stock images sell for less than traditional stock. But the volume you can produce makes up for it. I'm averaging about $800/month from ~2,000 AI images across platforms.
@jurys_out_12 that's reassuring. Follow-up question: if we generate images through ChatGPT Plus for a client deliverable, does the client automatically own the images? Or do we need to explicitly assign rights in our contract?
@closing_arguments_20 Important distinction: OpenAI assigns ownership to the account holder who generated the images — that's you/your agency, not your client. You need to transfer rights to the client through your service agreement.
Recommended contract language:
Without explicit assignment in your contract, you technically retain ownership of the generated images even after delivering to the client.
One thing nobody mentions: the duplicate image problem. DALL-E 3 can theoretically generate similar images for different users from similar prompts. So "ownership" is a bit weird when someone else could generate something nearly identical.
For client work where uniqueness matters, I always do significant post-processing in Photoshop — compositing, color grading, adding text/branding. This also strengthens any copyright claim on the final work.
I run a print-on-demand business selling t-shirts and mugs with AI-generated designs, and I want to share some real-world experience that goes beyond the legal theory discussed above.
Practical issue number one: marketplace policies. Even though OpenAI says you own the images, some marketplaces have their own rules. Etsy updated their policy in late 2025 to require disclosure of AI-generated content in listings. Amazon Merch has been inconsistent -- some sellers report no issues, others have had listings pulled. Redbubble explicitly allows AI art but requires the "AI-generated" tag. Always check each platform's current policy.
Practical issue number two: the copyright registration question. If you cannot register copyright on purely AI-generated images (per the Copyright Office's current position), you also cannot send DMCA takedowns if someone copies your design. I have had multiple designs stolen and reposted on competing stores, and without a copyright registration, my options are limited. This is the real business risk that people overlook.
My workaround: I use DALL-E or ChatGPT to generate a base image, then I do substantial editing in Illustrator -- adding custom typography, adjusting composition, layering multiple elements, changing color palettes. This level of human creative input strengthens the argument for copyrightability of the final work. I keep detailed records of my editing process for each design.
@brief_encounter_23 is right about post-processing being important, but I would go further and say it is practically essential if you are building a business around these images. The raw AI output is your starting point, not your final product. That approach also addresses the duplicate image concern -- your edited version is unique even if someone else generates a similar base image.
Sergei Tokmakov is a California attorney, State Bar of California No. 279869, licensed since 2011. He drafts and reviews agreements governing AI-generated content, including platform licensing terms, client agreements with AI-use and intellectual-property provisions, and vendor agreements. Drafting, reviewing, or redlining one business contract within the standard scope is $1,000 and includes up to three client revision rounds. A written consultation addressing one defined legal question is $300.
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