AI-generated images on your website: rights and risks

Can you use AI-generated images commercially?

Commercial use may be allowed if the tool’s terms permit it. Many providers distinguish between free and paid plans, private and business use, generated images and uploaded reference material.

For each image, keep a record of the tool, account plan, creation date, prompt and licence note. For central campaigns, product packaging, logos or exclusive brand visuals, get separate legal or design advice instead of relying on a quick export.

Does an AI image have its own copyright?

German copyright law focuses on personal intellectual creation. Pure machine output may therefore not give you the same exclusive protection as a commissioned photograph or illustration.

AI visuals are useful for general editorial images and abstract blog headers. For logos, mascots and key campaign motifs, individually commissioned work with clear usage rights is usually safer.

What risks come from training data and third-party rights?

The main risk is similarity to protected works, brands or real people. Prompts that imitate a famous style, known character, logo, celebrity face or existing stock image are particularly risky.

Use general prompts, avoid copying anything recognisable and review the final image carefully. For local businesses, neutral and original visual worlds are safer than imitation.

• do not recreate logos, brands or famous characters
• do not imitate celebrities or real people
• do not upload reference images unless you own the rights
• check AI images before publishing

Do AI images need to be labelled?

The EU AI Act includes transparency duties for certain AI-generated content. Article 50 is especially relevant where content is realistic or may mislead people; many transparency duties apply from 2 August 2026.

A small note such as “AI-generated illustration” in image credits or context can be a sensible trust signal. Labelling does not replace licence checks; it only explains how the image was created.

What about privacy, people and real customer data?

AI images become risky when real employee photos, customer images or internal documents are uploaded to external tools. Then privacy, consent and trade secrets matter as much as copyright.

Use AI for neutral illustrations. Use real photos with consent for team, references and trust-building. Authentic images often perform better than generic AI faces.

How can small businesses use AI images more safely?

Create a simple workflow: approved tools, licence checks, prompt documentation and a person responsible for approval. Avoid brands, real-looking people and reference images you do not own.

We use AI visuals mainly as supporting illustrations, not as fake references or invented team photos. In a website subscription, they can be planned together with SEO, maintenance and content work.

• check tool terms and plan
• store prompt and date
• review critical visuals
• consider labelling realistic images
• do not use generic AI output for logos