AI Copyright Laws in 2026: Who Actually Owns Your Nano Banana Art?

As AI art generators like Nano Banana become essential tools for business, one question causes more anxiety than any other: Is this legal?

If you are a professional designer or a brand owner using AI, ignoring copyright laws can be a costly mistake. Here is the current legal landscape regarding AI-generated content in the US and Europe.

1. The "Human Authorship" Requirement

Currently, the US Copyright Office has stated that images generated purely by AI cannot be copyrighted.

• The Loophole: If you significantly modify the image using Photoshop or use Nano Banana as part of a larger collage, you may be able to claim ownership over the transformative work.

2. Commercial Rights vs. Copyright

Owning the copyright is different from having the right to use it commercially.

• Nano Banana's Terms: Most paid tiers grant you full commercial license. This means you can sell the image on t-shirts or use it in ads, even if you don't "own" the raw file exclusively.

3. Protecting Your Brand

If you use AI to generate a logo:

• Risk: Someone else could generate a very similar image using a similar prompt.

• Solution: Use AI for brainstorming, but have a human illustrator vectorise and modify the final output to ensure it is unique enough for trademark protection.