As a small business owner, your brand and creative work are among your most valuable assets. Whether you’re building a logo, producing content, or expanding into new markets, understanding how copyright and trademark laws apply can help you avoid costly mistakes. Two timely topics—the U.S. Copyright Office’s 2025 report on AI and a common question about Canva logos—both highlight where the lines are drawn when it comes to protecting your intellectual property.
Copyright Office Report: Human Authorship Still Matters
The Copyright Office made it clear: copyright law protects works created by humans, not machines. Content created entirely by artificial intelligence, with no meaningful human input, cannot be copyrighted in the U.S. However, if you actively guide, edit, or add original expression, your contributions may be enough to qualify for protection.
The Office drew a key distinction between using AI as a tool versus AI acting as the creator. For example, if you use AI to touch up an article you wrote or to suggest design ideas that you then refine, the finished work may still be yours to protect. But if the AI generates the work from start to finish, ownership rights are off the table.
Importantly, the report stressed that prompts alone are not enough. Simply typing “make me a logo with mountains and a sunrise” doesn’t count as authorship. The creativity must come from you.
The bottom line: copyright protection is judged on a case-by-case basis. What matters most is how much human involvement shaped the final work. For small businesses, this means being intentional about your role when using AI tools for blogs, marketing materials, or even software code.
Canva Logos: Why Trademarks Are Tricky
Alongside copyright, trademark law plays a central role in protecting your brand. Many entrepreneurs rely on Canva to design logos because it’s fast and affordable. But Canva’s Terms of Use put limits on what you can register as a trademark.
Here’s the rule: if your logo uses Canva’s stock icons, fonts, or templates—even if you make changes—you cannot trademark it. Canva licenses those design elements for use in marketing materials, but not as exclusive identifiers of your business.
The only way to trademark a Canva-made logo is if you upload and use 100% original artwork that you created or own. In that case, Canva is simply the editing tool, like Photoshop. But the design itself must be your own. Otherwise, your logo may look good on social media but won’t qualify for trademark protection.
Why This Matters for Your Business
These two updates send a similar message: ownership comes from originality and human authorship.
– If you want copyright protection, you need to add genuine creative input when using AI tools.
– If you want a trademark, you must avoid Canva’s stock content and use custom designs.
– In both cases, shortcuts can save time in the short run but leave your brand unprotected in the long run.
Whether you’re creating content with AI, designing a logo, or entering new markets, working with legal and creative professionals can give you the confidence that your intellectual property is secure.
At Ser & Associates, we help small businesses prepare for the future of copyright and trademark law in the age of AI. Contact us today at 305-222-7282 or Info@Ser-Associates.com to protect your creative assets as the legal landscape evolves.
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