The use of images generated by AI remains a thorny subject. Legality and responsibility intertwine as these innovative tools integrate into our daily lives. The legal implications raise profound questions about intellectual property and copyright compliance.
*The originality of AI-generated works* is debated among digital law professionals. The risks of infringement and litigation thus become ever-present for unsuspecting users. Protect your creations and educate yourself on the essential issues surrounding this active and insightful technology.
Future stakes will determine whether these works can genuinely claim a form of protection.
Legality of using AI-generated images to illustrate your content
The question of the legality of AI-generated images raises many inquiries in the field of digital media. Image generators like Midjourney and DALL·E have paved the way for unprecedented visual creation. However, the legality surrounding their use to illustrate articles or posts on social media remains unclear.
Legal conditions for using AI-generated images
Highlighted by various digital law experts, the use of an image created by AI is legal under certain conditions. Attorney Jérôme Giusti, a specialist, emphasizes the need for caution. Indeed, an image may incorporate elements protected by copyright, generating legal complications. If a pre-existing work appears, even partially, explicit permission is required.
Entities such as Disney and NBC Universal have filed lawsuits against Midjourney, suspecting the generation of unauthorized copies of works such as Darth Vader or the Minions. The battle against copyright violations is becoming increasingly fierce in this context.
Protection of individuals’ rights in generated images
The protection of the rights of individuals photographed or represented in the generated images is subject to strict regulations. Article 226-8 of the Penal Code stipulates severe penalties for disseminating an image or montage without consent. The law punishes the publication of images of individuals without explicit authorization with a one-year imprisonment and a fine of up to €15,000.
Intellectual property and AI-generated images
The issue of intellectual property rests on an unwavering observation. According to Attorney Giusti, creations resulting from AI generators cannot claim copyright. These images do not meet the originality criterion, as they result from an automated process without significant human intervention. In summary, the creation is detached from any individual creative process.
The specific terms of use for AI tools also deserve examination. For example, Midjourney and DALL·E establish clauses that may restrict the commercial or public exploitation of generated creations. The user retains intellectual property rights while granting a broad license to the platform.
Risks associated with the reuse of produced images
The terms of use for AI generators can give rise to significant risks. For example, platforms like Google stipulate that the generated content may be subject to technical or algorithmic reuse. This clause can pose problems for those wishing to maintain control over their creation.
Legislation is constantly evolving to address this issue, as digital players continue to explore the limits of this technology. The growing pressure on copyright and intellectual property prompts increased vigilance regarding the use of AI-generated images.
FAQ on the legality of using AI-generated images in your articles
Is it legal to use AI-generated images to illustrate an article?
Yes, it is generally legal to use images generated by artificial intelligence tools like Midjourney or DALL·E, provided certain copyright precautions are respected.
What precautions should be taken before using AI-generated images?
It is important to verify that the image does not contain protected elements, such as existing works or portraits without consent, to avoid legal issues.
What types of images are protected by copyright?
Photographs, works of art, literary creations, and portraits of real people are all considered protected by copyright.
What happens if an AI-generated image uses elements from protected works?
If the image contains elements from protected works without permission, it could lead to lawsuits for copyright infringement.
Can I claim copyright on an image created by AI?
No, images generated by AI are generally not protected by copyright, as they do not meet the originality criterion related to human creativity.
What does “originality criterion” mean in the context of AI-generated images?
The originality criterion indicates that a work must be the result of a human creative process to benefit from copyright protection, which is not the case for automated creations.
How does it work with the terms of use for AI tools?
Tools like Midjourney or DALL·E often impose terms of use that may restrict the commercial or public exploitation of generated images. It is essential to read them carefully.
Do AI platforms hold rights over created images?
Yes, platforms may reserve certain rights over generated content, even if the user retains intellectual property rights.
Should I inform the public that the image used was generated by AI?
Yes, the European regulation on AI requires that the public be informed that the image was created by artificial intelligence, in cases of widespread dissemination.
What is the risk of using an AI-generated image without respecting copyright?
Failure to comply with copyright can lead to lawsuits, financial penalties, and even imprisonment in certain cases.
