Under case law so far, pure AI content is generally not protected by copyright in Germany, because copyright requires a human creation. In February 2026, the Munich Local Court ruled that AI-generated logos are not protected, even if they were created with detailed prompts. For companies, this means others may, under certain circumstances, simply take over such content. At the same time, AI content can infringe other people's rights. There is no ruling from the highest courts yet.
Do I own my AI images?
You are usually allowed to use them; the terms of the respective tool govern that. But you usually cannot protect them. In the case before the Munich Local Court (case no. 142 C 9786/25), a claimant wanted to act against others copying his AI logos and failed, even though he had created them with many prompts and revisions. The ruling is not final but shows the direction.
For your brand, this means: do not create your logo and core brand elements with AI alone. A logo that nobody can protect is a logo anyone can use.
May I reshape other people's photos with AI?
In April 2026, the Düsseldorf Higher Regional Court ruled in summary proceedings (case no. I-20 W 2/26) that an AI image based on someone else's underwater photo did not infringe the photographer's copyright. What mattered was that no protected creative elements were taken over, only the subject, and the overall impression kept enough distance. That is no free pass: the closer the result is to the original, the greater the risk.
Can AI content infringe other people's rights?
Yes. In November 2025, the Munich I Regional Court ruled that OpenAI had infringed the rights to nine German song lyrics with ChatGPT (case no. 42 O 14139/24). The lyrics were stored in the model and could be reproduced. The ruling is not final. For you as a user, this means: if an AI tool recognisably reproduces other people's texts, characters, brands or well-known images, you must not simply publish the result.
What should you watch for with AI content?
- Check the terms of use: does the tool allow commercial use, and in which plan?
- No real people without consent: realistic images of real people touch on their right to their own image.
- No third-party brands or characters in prompts or results.
- Shape the brand core by hand: logo, claim and core imagery should come from people or be substantially shaped by them.
- Label where required: realistic AI images of people, places or events must be labelled under the AI Act, more in AI labelling on your website.
- Document: record which tool and which prompt you used.
Which image AI suits which job is covered in AI images in 2026.
This article is not legal advice. The legal situation is developing quickly. For your specific case, contact your legal advisor.
Sources
- Beyer Rechtsanwälte: Munich Local Court denies copyright for AI logos (March 2026, German)
- Kanzlei Plutte: AI image generated from a photo: copyright infringement? (German)
- LTO: Munich I Regional Court: GEMA wins against OpenAI over song lyrics (German)
- Beyer Rechtsanwälte: Case law on AI law in Germany (German)
