Creating and distributing an AI-generated video using a copyrighted photo given to you by someone else for commercial purposes may not be legal without the copyright owner's permission. Under US copyright law, the exclusive rights to reproduce, distribute, and make adaptations from a copyrighted work belong to the creator. Unauthorized use of another's copyrighted work is considered copyright infringement. While the fair use doctrine allows for limited use of copyrighted material for purposes such as commentary, criticism, news reporting, and scholarly reports, it is not a guaranteed defense. Whether or not a particular use qualifies as fair use depends on the specific circumstances, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market for the original work.
In the case of using a copyrighted photo to create an AI-generated video for commercial purposes, it is unlikely that the use would qualify as fair use. This is because the use would likely be commercial in nature, which weighs against a finding of fair use. Additionally, the use of the entire photo to create a new work could be considered a substantial use, which also weighs against fair use. Furthermore, the creation of an AI-generated video using a copyrighted photo could potentially harm the market for the original work by providing a substitute product that could compete with the original. Therefore, it is recommended that you obtain permission from the copyright owner before creating and distributing an AI-generated video using a copyrighted photo for commercial purposes.