AI-generated images and copyright: what you actually need to know

1. Three frameworks that govern an AI-generated image

Three different frameworks apply at once to an AI image: classic copyright law, contract law via the platform's terms of service, and the European regulation on artificial intelligence (Regulation (EU) 2024/1689, the "AI Act"). An image can therefore be "free to use" under a platform's terms without the copyright question being settled — that gap is exactly what creates confusion.

2. "Royalty-free": a marketing term, not a legal status

Copyright law does not define the term "royalty-free" or "free of rights". It's a shorthand, not a legal category. In practice, an image can end up in that situation for very different reasons:

• Public domain: copyright has expired — impossible for a recently generated image.
• CC0 licence: the author (or the platform, per its terms) explicitly waives their rights.
• Permissive terms of service: the platform grants a broad usage licence, sometimes limited to paid tiers.
• Lack of originality: the human contribution is deemed insufficient for a protectable work — which doesn't automatically mean the image is free to use.

In every case, a simple "royalty-free" label on a website isn't enough: you need to check the exact licence and the platform's actual terms of service.

3. Can you be the "author" of an AI-generated image?

Copyright protects an "original" work — one bearing the imprint of its author's personality. An AI, as such, has no legal personality — so the real question is under what conditions a human can be recognized as the author of an image produced with the help of a generative tool.

The emerging trend, in Europe and elsewhere, is to distinguish cases based on the level of human involvement: a generic prompt or a simple factual description has little chance of being recognized as a protectable creative contribution, while more elaborate work (successive choices, edits, guided iterations) has a better chance of being recognized. That said, this question is still actively debated and case law remains scarce — it's best to stay cautious rather than treat any point as definitively settled.

Good practice: keep a record of your creative process (successive prompts, settings, intermediate versions). In case of doubt or dispute, that history remains your best evidence of a genuine personal contribution.

4. Creative Commons licences: watch the blind spots

Creative Commons licences are often associated with "royalty-free" AI images, but applying them to algorithm-generated content raises a practical difficulty: a CC licence assumes a clearly identifiable rights holder, which isn't always obvious here.

The CC0 licence (full waiver of rights) comes closest to true "royalty-free" status. But if the AI model was trained on protected works without authorization, that waiver could, in theory, be challenged by the rights holders of the original works. The CC BY licence (with attribution) raises another question: without clearly identifiable human involvement, who should be credited?

5. The concrete risks to know

Infringement through resemblance

Generative AI models are trained on huge amounts of images, some of them copyright-protected. A resemblance that's too close to an existing work, or to a creator's distinctive style, can, depending on the circumstances, be classified as infringement.

The right to one's image

A generated image showing a recognizable face — even fully synthetic — can infringe a real person's right to their own image if they haven't consented, particularly where it resembles an identifiable individual.

Liability for commercial use

Using an infringing or legally risky image in an ad campaign, packaging, or any other commercial material puts the business using it at risk — not just the AI platform.

6. The EU AI Act: a very real transparency obligation

The European regulation on artificial intelligence (Regulation (EU) 2024/1689) has been phasing into application since 2024, with most of its provisions applicable from 2026. Its Article 50 imposes a transparency obligation: content generated or manipulated by AI must be identifiable as such, for example through labelling or metadata. This obligation applies regardless of the copyright question — an image can be properly licensed and still be subject to this labelling requirement.

7. How to use an AI image safely

• Check the exact licence of the platform used (CC0, CC BY, proprietary licence, free or paid tier) rather than relying on the term "royalty-free" alone.
• Keep a record of your creative process: prompts, settings, successive versions.
• Run a prior-art search before any high-stakes commercial use, to spot a problematic resemblance to an existing work.
• Check the right to one's image for any people or property depicted.
• Keep any labelling or metadata indicating the AI origin of content — don't remove it.
• For sensitive commercial use or genuine doubt, have the situation reviewed by a legal professional.

Frequently asked questions

Can an AI-generated image be used freely with no conditions at all?

Not necessarily. It depends on the platform's licence and, potentially, on applicable copyright. The term "royalty-free" doesn't correspond to any precise legal status — actual conditions need to be checked case by case.

Can an AI-generated image be used commercially?

That depends entirely on the platform's terms of service: some tiers (often paid) explicitly allow it, others (often free) restrict or prohibit it. Reading the terms carefully remains essential before any commercial use.

What should you do if an image closely resembles an existing work?

It's prudent to stop distributing that image and seek advice from a legal professional before any commercial use, even if the image was presented as "royalty-free".

Does the obligation to disclose AI-generated content apply to every image?

Article 50 of the EU AI Act sets a fairly broad transparency obligation for content generated or manipulated by AI. Exact requirements can vary by content type and use — when in doubt, it's safer to keep the original labelling than to remove it.

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This article is for general information only and does not constitute individual legal advice. The law applicable to generative AI is evolving quickly: for sensitive commercial use, have your situation reviewed by a lawyer.