Key points at a glance
- The EU AI Act requires transparency, especially for realistic depictions of real people, places or events.
- Under German law, purely AI-generated images generally do not enjoy copyright protection because there is no human creation.
- Third-party personality and trademark rights also apply to AI content.
- Check the terms of use of the tools you use for commercial use.
Do AI images have to be labelled?
The EU AI Act contains transparency obligations for AI-generated content. So-called deepfakes are particularly important, meaning realistic depictions of real people, places or events: these must be recognisable as artificially generated. Exemptions apply to obviously artistic or fictional content. Whether and how you need to label depends on the specific content and use.
Who owns AI-generated images?
Under German copyright law, protection requires a personal intellectual creation by a human. Images generated purely by an AI are therefore generally not protected by copyright. This also means that others might be able to use such images too. If AI results are substantially designed and edited by people, the assessment can change.
Which third-party rights must you respect?
- Personality rights: do not depict recognisable real people without consent.
- Trademark rights: do not use other companies' logos, brands or protected designs.
- Copyright: do not generate content that recognisably imitates existing works.
What do the tools' terms of use say?
Every AI tool has its own terms, for example on commercial use, rights to the results or the use of your inputs. Check them before using content for advertising or clients, and document which tool you used.
How do companies proceed safely?
- Set internal rules: what AI images may and may not be used for.
- Do not generate real people without consent.
- Check labelling and, if in doubt, label transparently.
- Choose tools with clear terms for commercial use.
- Seek legal advice if uncertain.
Conclusion
AI images and videos offer companies many possibilities but are not a legal vacuum. Those who know the transparency obligations, third-party rights and terms of use and have clear internal rules use AI content safely and credibly. This overview does not replace legal advice.
Frequently asked questions
AIMelanie Dincdemir
Marketing, digital business and business model development at Optivanta
This article is for general information only and does not constitute legal, tax or investment advice. It does not replace advice on your individual case. Despite careful research, we accept no liability for accuracy, completeness or timeliness; use is at your own risk. Articles bearing an author's name reflect that author's opinion. The provider of and party responsible for all content is Optivanta Solutions LLC. More in the imprint
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