The use of artificial intelligence (AI) in the field of images is increasingly important not only for the opportunities and technical aspects, but also for the legal and contractual implications. The initial focus was on the issue of copyright protection, but in reality the most significant pitfalls lie in commercial photography and concern the commissioning companies, whether they use external photographers/agencies or use AI systems in-house.
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Ease of use and potential violations
The accessibility of generative AI systems today allows the production of complex images without specific photographic or legal skills. For example, anyone can generate in a few seconds a campaign with cultural assets or landscapes subject to protection rules in the background, or include trademarks, logos or design objects without having consciously chosen them, exposing themselves to violations of industrial property and cultural heritage regulations. This risk also exists in traditional photography, but professionals know how to recognize it.
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AI could also generate faces of real people identifiable without a specific release; moreover, when AI processes faces or voices, personal data processing and potentially biometric data processing occurs, with possible violations of personal data protection regulations (biometric data under the GDPR, EU Regulation 2016/679). The risk framework worsens in the presence of minors.
It can also happen that images are generated that are original in themselves, but that reproduce or come too close to protected copyrighted works, resulting in exposure to legal problems and in any case reputational risks.
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