AI Logo Copyright: What French Law Says in 2025

Copyright versus AI: an open question

Copyright protects original works stemming from "the creativity of the human mind" (French Intellectual Property Code, art. L112-1). AI-generated logos, however, raise an unprecedented question: who is the author? The user who wrote the instruction? The platform that trained the model? The model itself?

Where French case law stands

In France (2025), the courts have not yet definitively ruled on copyright in purely AI-generated creations. Several principles are nonetheless emerging:

• A purely automatic creation, with no human creative input, is not protectable by copyright
• If the user makes a substantial creative contribution (choice of parameters, selection, modification), partial protection is conceivable
• The INPI has confirmed that a figurative trademark (a logo) remains registrable even if generated by AI

What BrandMotion Lab's terms of service say

BrandMotion Lab grants commercial usage rights under its terms to finalized deliverables after the required payment, without exclusivity or a guarantee of trademark availability. Subject to third-party rights, this allows:

• ✅ Unlimited commercial use (website, print, social media, packaging)
• ✅ Trademark filing subject to the sign’s availability
• ✅ No attribution required
• ✅ No geographical restriction

These contractual rights are distinct from copyright and limited to the rights BrandMotion Lab can grant. They guarantee neither exclusive ownership nor the absence of prior rights.

The risks you should know about

Risk 1: Similar use by a third party

An AI-generated logo could in theory be generated with similar parameters by another user. To protect yourself, file your logo with the INPI — that is the best protection available.

Risk 2: Earlier trademarks

AI does not check whether your logo resembles an already-protected trademark. Always run a prior-rights search before any filing.

Risk 3: Legislative change

Intellectual property law is evolving fast in the face of AI. The European AI Act (in force in 2025) imposes new transparency obligations on AI-generated creations. Stay informed.

Practical recommendation

Before commercial use or trademark filing, check third-party rights and the sign’s availability. Finalized deliverables after the required payment are subject to the terms, without exclusivity. Consult an IP advisor for any significant strategic matter.