Do I Need Additional Rights to Use AI to Modify Artwork I Commissioned?
Dear Will & AiME,
We hired a freelance illustrator to create some custom artwork for our brand. Now we want to animate those images using AI tools. Do we need to get additional rights to do that?
— Creative Director in Austin
Short answer💡
If you commissioned artwork from a freelancer, you may need additional rights to modify or animate it using AI, especially if your agreement does not include derivative use. The ability to adapt the work depends on whether copyright ownership or sufficient usage rights were transferred in your contract.
Dear Creative Director in Austin,
Now that AI animation tools are making it easy to bring static images to life, many are asking this same question. If a consultant or freelancer created the original artwork, your ability to animate it depends on the terms of your agreement with the artist.
Do You Own the Rights to Modify Commissioned Artwork?
Under U.S. copyright law, the original artist typically owns the copyright to their work unless rights are explicitly transferred in writing. That means:
Hiring a freelancer doesn't automatically give you full ownership of the artwork.
You may only have a limited license to use the work as-is, not to modify, animate, or adapt it.
Animating a static illustration with AI can be considered a derivative work, which is something only the copyright owner has the right to create or authorize.
How to Animate Artwork Without Legal Issues
Check Your Contract
Review the agreement with your illustrator. Look for clauses about ownership, licenses, or permitted uses. If it's silent or unclear, contact the illustrator before animating.
Request Additional Rights If Needed
If your license doesn't cover derivative works, ask the artist for written permission to animate the content using AI. It's usually a simple add-on if you already have a working relationship.
Update Your Creative Contracts Going Forward
To avoid this issue in the future, make sure your agreements explicitly include the right to create derivative works and use AI tools for adaptation.
Animating artwork can be a fantastic way to boost engagement—just make sure you have the legal right to press "play."
-Will & AiME
Three Takeaways:
Freelance artists usually retain copyright ownership unless your contract says otherwise.
AI-animating existing artwork may create a derivative work, requiring permission.
Clear contracts upfront can save time and mitigate future legal risk.
