Can AI-generated pictures and videos be used commercially? Take Doubao, DeepSeek, and Xiaoyi as examples

With the widespread application of generative artificial intelligence technology, more and more creators and companies are beginning to use AI tools to generate pictures and videos. But when this content is used for commercial purposes-such as advertising, product packaging, self-media operations, Trademark Registering, etc. -a core issue emerges:Can AI-generated content be commercially available? Who owns the copyright?

The answer is not a simple "yes" or "no", but requires a comprehensive judgment from three dimensions: platform agreements, legal regulations and compliance practices.

1. Let's look at the platform agreement first: each family has different attitudes towards commercial use

There are significant differences in the expressions of commercial authorization for generating content on different AI platforms, which is the first basis for judging whether it can be commercialized.

DeepSeekThe attitude is the clearest. Its "Terms of Use" clearly allocates the rights and ownership of Outputs to users, including ownership and rights (if any). Users can use the generated content for a wide range of scenarios such as personal, academic research and commercial development. DeepSeek requires users to post content as AI-generated, and reserves the rights to review, delete, etc., but overall authorization for commercial use is the most direct.

bean bagThe situation requires special attention. Article 2.2 of Doubao Software's User Agreement clearly states: "The content generated by this software and services is for your reference only, and you may not use the output content as professional advice, commercial purposes, or for other purposes." At the same time, Article 2.2.3 further states that the risks arising from using the output content for commercial purposes are borne by the user. This means that directly generating content for commercial use on the bean bag app may violate the agreement with the platform. However, the Big Bean Bag Model also has a "Bean Bag Model Service Agreement" that applies to corporate users who access through the Volcano Ark API. It does not directly prohibit commercial use, but there are strict use restrictions.

XiaoyiThe boundaries of commercial rights are currently relatively vague. Huawei's developer documentation shows that Xiaoyi, as an agent in the Hongmeng Ecosystem, has clear compliance requirements for the identification of AI-generated content, but the terms in its direct end-user license agreement on commercial authorization of AI-generated content are not as clear as the aforementioned platform. Huawei's "End User Software License Agreement" stipulates that licensed use "may not be sold, transferred or used for other commercial purposes," but this clause mainly targets the software itself. For commercial issues related to AI content generated through Xiaoyi, it is recommended to directly consult the latest version of the user agreement or contact Huawei official confirmation.

2. Let's look at the bottom line of law again: Is the content generated by AI protected by copyright?

The platform agreement is an agreement at the contractual level, but whether copyright can be truly enjoyed depends on the determination at the legal level. This is a cutting-edge issue that is gradually being clarified in current judicial practice.

Core judgment criterion: Whether it reflects people's original intellectual investment. The current mainstream judicial view holds that content that is purely automatically generated by AI and lacks substantial creative contributions from humans does not constitute "works" in the sense of copyright law and is therefore not protected by copyright. On the contrary, if users invest labor that reflects personalized aesthetic and intellectual judgment in the creative process through carefully designed prompts, repeated adjustment of parameters, screening candidate plans, and subsequent manual modifications, the generated content may be identified as Works and protected by copyright.

Judicial practice has given clear guidance. In Jiangsu's first AIGC copyright infringement case concluded by the Changshu City Court, the court found that the plaintiff Lin "reflected his unique choice and arrangement" through repeated modifications of the prompts and editing of details by picture processing software, and the generated floor plan is original and belongs to a work protected by the Copyright Law. The verdict was clear: creators who use AI tools to create have legal copyright in their works on the premise of innovative design expression of the work. A cultural media company in Shenzhen used AI software to assist in independent creation of six videos and obtained a digital filing certificate for AIGC works. The court found that it enjoyed full copyright, and the defendant who published infringing videos without permission was awarded compensation.

But negative cases are equally worthy of vigilance. In the country's first AI prompt copyright case, the Shanghai Huangpu District Court rejected the plaintiff's claim and found that simple keyword combinations (such as "Art Nouveau + giant aquamarine Styx jellyfish + hand-painted papyrus manuscript") belonged to "thought" rather than "expression", lacked originality, and was not protected by copyright law. In the "Transparent Art Chair" case in Zhangjiagang Court, the plaintiff also lost the case because he failed to provide original records of the creative process.

In short: Whether there is copyright depends on whether there is creative investment and whether evidence can be produced.

3. The bottom line that commercial must abide by: the obligation of AI to generate content identification

No matter which platform is used to generate content, once it is released to the outside world or used in commercial scenarios, there is a legal obligation that is difficult to circumvent-identify AI-generated content.

The "Measures for Artificial Intelligence Generating Synthetic Content Identification", which will come into effect on September 1, 2025, clearly stipulates that AI generated synthetic content identification includes explicit identification (presented in text, sound, graphics, etc., which can be clearly perceived by users) and implicit identification (Added to file data and is not easily perceived by users). Service providers, network information dissemination platforms, application distribution platforms and users all bear corresponding identification obligations. No organization or individual may maliciously delete, tamper with, forge or conceal these marks.

In specific business scenarios such as Live streaming eCommerce, regulatory requirements are more stringent. According to the "Measures for the Supervision and Administration of Live streaming eCommerce" that will come into effect on February 1, 2026, the live broadcast room operator using digital human anchors is the directly responsible party. During use, it must continuously and clearly identify the character images and videos generated by AI. It is an inexcitable legal obligation to clearly remind consumers that they are generated by artificial intelligence.

IV. Risk prevention in commercial practice: four key suggestions

First, choose a platform that is explicitly licensed for commercial use. Under the same conditions, priority is given to platforms that explicitly attribute the right to generate content to users and allow commercial use in service agreements (such as DeepSeek, etc.), and avoid generating content for commercial purposes on platforms where commercial use is prohibited by the agreement.

Second, increase people's participation and retain evidence. When generating content, don't just enter simple instructions. You should carry out multiple rounds of prompt word optimization, parameter adjustment, scheme filtering and later manual modification. At the same time, a "process certificate" system has been established-saving iterative records of prompt words, screenshots of parameter settings, candidate plans and selection reasons, source documents edited later, etc. This is the core basis for self-certification of rights in the event of ownership disputes. When conditions permit, important works can be copyright registered and detailed creation instructions attached to explain the specific content of human creative contributions.

Third, ensure the legitimacy of the input content. Avoid using prompts that include other people's trademarks, character images, and unauthorized materials to generate commercial materials. If the input content itself violates the rights of third parties (such as using the name of a well-known IP character as a prompt), the commercial user of the generated content will face the risk of copyright infringement. Especially in the field of portrait rights, various platforms have successively adopted strict restrictive measures. Starting from February 13, 2026, Doubao will prohibit the generation of star-related content through the triple mechanism of keyword interception, face comparison, and content review to prevent portrait rights and copyright infringement.

Fourth, the output content is substantively reviewed and marked. Before using AI-generated content for commercial release, substantive review should be carried out just like human creation to ensure that it does not violate relevant laws such as the Advertising Law and the Anti-Unfair Competition Law, and that copyright, portrait rights and other rights are clear and flawless. At the same time, proactively adding AI-generated logos can not only meet compliance requirements, but also help reduce the probability of disputes.

conclusion

The commercial use of AI-generated pictures and videos is no longer barrier-free at the technical level, but needs to be treated with caution at the legal compliance level. "Being commercially available" does not mean "zero risk". The key lies in selecting the right platform, managing the creative process, ensuring legal input, proactive identification and substantive review. At a time when AI and legal rules are evolving together, only by integrating compliance awareness into every aspect of the creative process can AI be truly used to empower business safely and with peace of mind.