Ensuring your images of the public do not affect your public image – how to handle photography and generative AI

From the days of taking your camera film into a darkroom, to editing and improving your photograph in Photoshop, to now generating an image entirely by artificial intelligence (AI), image production has evolved hugely in recent times.

But the technological advancements in image creation and distribution have created a number of challenges for the image user, such as:

  • What are the legal issues of copying a photo from an online source?
  • What payment might be required to use a stock photo?
  • What consent from those pictured is required?
  • When should AI generated images be used and what are the issues involved?

In our latest blog post, we go through a number of these types of questions and provide guidance, based on our own insights and those of the experts we work with.

Can you use any images from a search engine or social media?

Images found through social media or websites remain protected by copyright unless the owner has explicitly licensed them for re-use. Search engines simply index images from other websites, they do not grant permission to use them.

What are image licences?

The term ‘royalty free’ usually means you pay once for a licence, not ongoing royalties. You still need a valid licence. Different images have different permissions – for commercial use, attribution required, editorial only or whether modification is allowed. We can help you source images and ensure you are using them in an appropriate way.

What should I consider when using AI-generated images?

AI image generation tools such as Adobe Firefly, ChatGPT and Midjourney are changing the way organisations source visuals. They can be a great way to create bespoke imagery without relying on stock photography, but it is still important to understand the legal and ethical considerations.

If you are generating images for commercial use:

  • Check the platform’s terms of use. Not every AI tool grants the same commercial rights. Some platforms allow unrestricted commercial use, while others have limitations depending on your subscription or how the image was created.
  • Be cautious with prompts. Avoid asking AI to create images ‘in the style of’ a living artist or to recreate well-known characters, logos or brands, as this may raise copyright or trademark concerns.
  • Be aware of personality rights. Generating realistic images of identifiable people, celebrities or public figures can create legal and ethical issues, particularly if used in advertising or marketing.
  • Consider transparency. In some sectors, such as public services or healthcare, it is worth thinking about whether audiences expect imagery to represent real people and real situations. 
  • Review every image. AI can produce inaccuracies or unrealistic details, so always check generated images carefully before publication.

What are the safest ways to source images?

Many organisations are gaining benefits by generating AI images, saving money on carrying out photo shoots and producing quick and easy images for use. However, AI images tend to still have that ‘produced by AI’ look and feel to them. There can be a glossy blandness to them in the same way that editorial copy is often criticised as ‘AI slop’.

Here at Touch, we can work with you to commission photography and create original illustrations which will make your work and your campaigns distinctive. We use licensed stock libraries and can source high quality, paid-for images, and we sometimes also take a look at some of the genuinely free libraries which have appropriate licences. Again, if appropriate, we can work with you on AI-generated content.

What happens if you get it wrong?

Copyright holders increasingly use image-recognition software to identify unauthorised use, and businesses can receive demands for retrospective licence fees or legal claims. There can be copyright claims, financial penalties and reputational damage. It is best to work with advisors who know the relevant guidance.

Five questions to ask before using any image…

  • Do I have permission?
  • Can I use it commercially?
  • Does it need attribution?
  • Does it include identifiable people or trademarks?
  • Can I prove where it came from?

Further reading

Here are two useful articles for more insights into image use:

Adobe blog on using generative AI

Getty Images on using generative AI