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In the United States, often—but it depends on the AI service’s terms and what the video contains. A provider may permit commercial use without giving you copyright in the video or clearing rights to someone else’s music, footage, characters, trademarks, or likeness. Treat those as separate questions: what your provider permits, what human-authored material may be protected, and whether you have rights to everything used or depicted.
What “commercial use” does—and does not—mean
Commercial use can include using a video in an advertisement, a client deliverable, a product promotion, or monetized content. There is no single answer for every AI video: the applicable provider terms can depend on the service, model, feature, account or plan, and how you share the result.
Permission from a provider to use an output addresses your relationship with that provider. It does not by itself establish that you own copyright in the output, or that the video is cleared to use any third-party material it contains. Those questions require separate checks.
What the major provider examples say
The following are statements on official provider pages identified for these services. They are not guarantees against third-party claims, and terms can change. Read the terms that apply to your specific account, model, feature, and intended use.
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| Service | What its official information says | What to check |
|---|---|---|
| Runway | Runway’s help article says content created using Runway is yours to use without non-commercial restrictions imposed by Runway. | Read the applicable terms for specifics. Runway’s statement does not clear third-party rights in the video. |
| Adobe Firefly | Adobe says outputs from features without a beta label may be used in commercial projects, subject to applicable terms and appropriate entitlements. | Check whether the feature is marked beta and whether your account has the required entitlement. Adobe describes contractual IP indemnification for select outputs and plans; it does not apply universally. |
| Google Flow | Google’s Flow Help page raises commercial use and directs users to applicable Google terms; it does not establish a universal commercial-use permission. | Check the current terms that apply to your account and use. |
| OpenAI Sora | OpenAI’s Service Terms address publicly sharing a video or image through its services. They require a representation that you have the necessary rights and grant OpenAI rights to operate and promote the services. | Those public-sharing conditions are not, by themselves, a general statement that every Sora output may be used commercially. Review the applicable terms before sharing. |
Can you copyright an AI-generated video?
Commercial permission and copyright protection are different. In its January 29, 2025 Part 2 report, the U.S. Copyright Office said an AI-assisted output may be protected where a human author determines sufficient expressive elements. The Office assesses that prompts alone do not provide enough control over the expressive output of generally available AI technology.
Human contributions that may qualify
Depending on the facts, protectable human authorship may include expression a person creates that is perceptible in the final work, creative selection or arrangement of material, and creative modifications to AI-generated material. AI assistance does not automatically prevent protection for human-authored parts of a larger work, such as a video combining AI-generated footage with a person’s original editing, narration, or other expressive material.
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The Office says this is a case-by-case analysis. A person’s use of a tool, payment for a subscription, or provider permission to use an output does not establish that the person authored enough of the video for copyright protection.
Do you have rights to everything in the video?
Even if the provider permits your use, material in or used to make the video may be protected by someone else’s rights. The Copyright Office’s general guidance identifies a license or permission, an applicable exception or limitation, or public-domain status as possible bases for using a work. Whether a particular exception applies depends on the facts; simply putting material through an AI tool does not establish permission.
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Review any uploaded or referenced footage, images, music, characters, logos, and other protected expression. For each item, identify the permission, license, applicable exception, or public-domain basis you are relying on. A provider’s commercial-use policy is not a license from the owner of those materials.
What if the video depicts a real person?
A realistic depiction of an identifiable person, including a digital replica or a person’s voice, can raise issues separate from copyright in the generated video. Consider whether you have consent and whether other applicable rules affect the intended use. The Copyright Office’s July 31, 2024 Part 1 report discussed unauthorized digital replicas and recommended federal legislation; a recommendation is not itself enacted law. The rules may depend on the facts and jurisdiction.
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What should you disclose if you register the work?
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’s Part 2 report also describes registrations for works incorporating AI material in which protection covers the human contribution. Registration does not turn machine-determined expression into human authorship; describe the work and contributions accurately under the Office’s guidance.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.A practical check before publishing or delivering an AI video
- Identify the exact tool and terms. Record the provider, model, feature, account or plan, and generation date. Read the terms that govern that use, including any beta exclusions, plan entitlements, sharing conditions, or limits on indemnification.
- Review the video’s ingredients. List uploaded or referenced third-party material and determine the basis for using each item in the intended commercial context.
- Review people and other identifiable material. Check whether the video represents an identifiable person or voice, or includes marks or other protected material, and determine whether additional permission or rules apply.
- Keep a record of human creative work. Preserve relevant notes or project records showing your original expression, edits, selection, and arrangement. If you apply to register the work, follow the Copyright Office’s AI-material disclosure guidance.
- Assess each question separately. Confirm provider permission, third-party clearance, and the extent of human authorship independently; a favorable answer to one does not settle the others.
This article focuses on U.S. sources and does not establish that the same rules apply in other countries. Whether a particular video is lawful, copyrightable, or cleared for a campaign can depend on its materials, the applicable terms, the people or marks depicted, the distribution, and the governing jurisdiction.
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