AI-generated images are quickly becoming a common tool in marketing as their quality has improved and become more realistic. However, there are important legal considerations around copyright, trademarks, likeness rights, and misleading advertising that everyone should understand before using AI-generated images. Many major AI platforms allow commercial use of generated images, if you follow the platform’s terms of service and avoid infringing on intellectual property. Current guidance from the United States Copyright Office (visit them at copyright.gov) states that works created entirely by AI without human authorship cannot receive copyright protection. You can use the image commercially, but you may not have exclusive rights to it.
Some general guidance on the use of AI imagery in marketing:
AI imagery can typically be used legally in:
- Direct Mail
- Marketing Collateral – Brochures, Flyers, Catalogs, etc.
- Digital Advertising
- Social Media
- Websites
AI images can be well suited for:
- Background imagery
- Conceptual illustrations
- Lifestyle pictures
- Decorative design components
- Abstract or stylistic images
AVOID generating AI imagery that:
- Mimics brands or copyrighted characters
- Uses likenesses of celebrities or real individuals
- Misrepresents products or services (unrealistic or non-existent)
- Replicates other existing artwork too precisely
- Misleads or which implies non-existent endorsement or sponsorship