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“Can we use AI photos in our business?”


The digital age has brought about many new and exciting opportunities for businesses to grow and innovate. One such opportunity lies in the realm of artificial intelligence (AI). If you’ve ever wondered, “Can we use AI photos in our business?” you’re not alone. We have received numerous inquiries from our users who are enthusiastic about leveraging the power of AI in their businesses.

Today, we will reveal all the essential details you need to know regarding the commercial use of AI-generated photos, including how copyright plays a role in this context.

What is an AI-generated Image?

AI-generated images are visual representations created by algorithms rather than human artists or photographers. These algorithms can be trained on large datasets containing millions of images and then generate new images that are similar but not identical to those in their training data. The process typically involves machine learning techniques like Generative Adversarial Networks (GANs).

How do AI Tools Generate Images?

There are various tools available today that utilize advanced machine learning algorithms to generate high-quality images. Two such examples include Midjourney and Studio Global. They utilize complex algorithms and large datasets to generate images based on specific prompts or criteria. Whether it’s creating product photo backgrounds or generating entirely new visuals from scratch, these tools make it possible.

Can We Use AI Images Commercially?

As of September 2023, the answer is yes. However, there are some caveats to be aware of. The primary concern when it comes to commercial usage typically revolves around copyright issues. Many AI-created images can be used commercially without any legal issues as as traditional copyright laws mandate a human creator for copyright protection.

e.g. AI product photos created by Studio Global AI Photographer

However, complications may arise if certain data was collected without obtaining permission from copyright holders during the training process. Therefore, it is crucial to ascertain whether the generative AI tool permits commercial usage and to further verify if the tool can provide information about the sources of data used for AI training.

Additionally, it is important to be aware that certain platforms that provide these services may have terms and conditions which specify their ownership of all content created, or require payment for commercial usage rights, even if they do not explicitly claim copyright.

Legal Aspects Regarding Commercial Usage

As the global demand for creative works produced using artificial intelligence (AI) continues to grow, efforts to establish legislation pertaining to AI content are underway but are not yet well-established. Currently, there is no specific law that addresses the commercial usage rights for AI-generated content worldwide. However, given the rapid evolution of this field, legal frameworks could undergo significant changes in just a few years.

In the United States, federal courts have supported the stance of the US Copyright Office, which holds that AI-created artwork cannot be copyrighted. In August 2023, a federal court determined that AI-generated artwork cannot be copyrighted on the basis that copyright law only applies to human beings.

Similarly, in Hong Kong and South Korea, the current regulations grant protection to works created by human authors and even to computer-generated works that are produced without any direct human involvement. At present, AI does not possess the ability to own copyright.

To help those who struggle to understand this concept, let’s illustrate it using comparable examples like ‘Pig Artist, Pigcasso’ or ‘Elephant Artist.’ Presently, artwork crafted by animal artists such as pigs and elephants is not encompassed by copyright laws. The rationale behind this lies in the fact that copyrights only pertain to creative works that convey human thoughts or emotions. Since these animals are not human, they do not meet the criteria for copyright protection. Likewise, all creations generated by artificial intelligence can be regarded in a similar manner.

Therefore, while it is possible to create AI images and use them for commercial purposes, these AI creations cannot be copyrighted.

Ethical Considerations

As with any new technology adoption, it’s crucial to consider ethical implications alongside potential benefits. When it comes to using AI-generated images commercially, it’s important for businesses to disclose when they’re using AI-generated imagery rather than human-created content. This helps maintain trust with customers and avoid misleading representations.

Real-world Examples on AI Images at Work

Many businesses have already begun experimenting with using AI-generated imagery successfully.

One prime example is Coca Cola’s innovative marketing campaign where they used AI for creating captivating ad videos and engaging marketing campaigns ‘Create Real Magic’. This allowed consumers themselves to utilize Coca Cola’s brand elements for generating unique AI imagery!

Also, in Asia, Samsung Life Insurance has released advertisements that were entirely created using generative AI.

With the increasing number of agile companies embracing generative AI in their operations, a rise in commercial use of AI content is to be expected.

By staying informed about evolving laws and considering ethical implications carefully – businesses can harness this powerful technology effectively while minimizing potential risks.

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