• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

Copyright in the digital world: What’s next for AI image generators?

17. January 2023
in Blockchain and web law, Copyright, Law on the Internet
Reading Time: 12 mins read
0 0
A A
0
e mail g90a8b5894 1920
Key Facts
  • The use of AI image generators is becoming increasingly important for copyright in the digital world.
  • Modern AI image generators use neural networks to produce realistic images, which raises copyright issues.
  • One challenge is to clearly determine the author and the copyrights to generated images.
  • New licensing models and registrations for AI-generated images may be necessary to protect copyrights.
  • AI image generators could reproduce copyrighted works, which has legal consequences for users.
  • The transparency of the data used is often unclear, which makes it difficult to determine the chain of custody.
  • The development of AI image generators requires further research to clarify the legal framework.

Introduction

Content Hide
1. Introduction
2. What is copyright?
3. AI and image generators
4. How can AI image generators infringe copyright?
5. Legal consequences for users of AI images
6. Conclusion
6.1. Author: Marian Härtel

The use of AI image generators has become an increasingly important factor in copyright law in recent years. This technology allows people to create artificial imagery that looks as realistic as possible. It is mainly used in advertising, video games and visual effects in movies. In the digital world, it is therefore more difficult than ever to protect the intellectual property rights of the author. Therefore, it is important to understand exactly how AI image generators work and what this means for the future of copyright. Image generators are machine learning algorithms that routinely generate images. This technology is based on the principle of neural networks: The generator analyzes certain images and then tries to generate similar images. It can create both real and abstract images. Using AI image generators, humans can create a variety of graphics, logo designs or backgrounds.

Most AI image generators are open source software, so anyone can use them. However, there are also commercial programs and SaaS providers with more features and better quality. These programs offer more flexibility in creating images and are suitable for professional applications. Some companies have been using AI image generators for their products and services for some time. It helps them save time and reduce costs by allowing them to use pre-made visual material or generate new material themselves. Due to continued technological advancements, AI image generators will most likely become even more prevalent soon – especially in areas such as advertising and the video game industry – where the creation of realistic visuals is a major contributor or cost.

However, as modern AI image generators are capable of delivering authentic visual content with high speed and accuracy, this poses a challenge for copyright law. Therefore, it is necessary to think about measures against the unauthorized use of generated material; this concerns not only the protection of the intellectual property of the author, but also the protection of other rights holders from the misuse of their work by generating copies without authorization or royalty . It is therefore advisable that companies adapt their policies for the use of generated material and take all necessary steps to ensure that all accruing rights are respected.

What is copyright?

Copyright is an important area of law that allows owners to make decisions about their use of works. It protects the artist’s creative rights and provides a financial incentive for the creation of new works. In the digital world, however, copyright law has become increasingly complex in recent years. One of the biggest problems with using AI image generators is that it is very difficult to predict who will be the actual creator of the image – if, in purely legal terms, there is a creator at all. Because different AI algorithms are used in generating images, it can be difficult to determine which artist or company even holds a copyright or exploitation right – or whether a copyright exists at all. This poses a serious challenge to those trying to adhere to the strict rules of copyright law.

Many experts agree that new ways must be found to address this issue, taking into account all stakeholders. Some suggestions include the creation of a special registration for AI-generated images or corresponding licensing models for artists and companies. Others also argue for breaking down traditional legal frameworks and creating new forms of copyright to ensure the protection of creativity and innovation with respect to AI-based technologies. However, it is clear that more research and innovation is needed before such ideas can be advanced. Developing effective approaches to copyright for AI-generated images is therefore imperative. Only in this way can all stakeholders know that their interests are safeguarded in terms of creative work and innovation.

AI and image generators

Recently, the development of AI image generators has taken a great leap forward. This technology makes it possible to generate images based on mathematical models and algorithms. This can also help foster creativity and innovation in the digital world. But what does that mean for copyright? There are some legal issues that still need to be resolved. For example, it is unclear who should be the copyright owner of such generated images and thus who can exercise the exploitation rights. Should this be owned by the generator operator or should the author or artist of the model on which the generator is based be considered the “owner”? There are many more unanswered questions related to AI image generators and copyright. So it is important to think about this issue and discuss possible solutions. One approach is to recognize the rights of the generator operator while ensuring that all individuals or organizations responsible for creating the model are adequately compensated. This can guarantee creators fair compensation for their work while creating opportunities for innovation. Another approach is to introduce specific legislation to regulate the use of AI image generators. This would help protect the rights of creators while facilitating the operation of such generators.

Using AI image generators is an exciting way to develop new ideas in the digital world. However, to ensure that all parties are treated fairly and that no copyrights are infringed, legal aspects must be taken into account. Therefore, both companies and regulators should discuss legal frameworks in close coordination and take appropriate measures. Nevertheless, AI image generators can be seen as a great way to develop new technologies in the digital world – taking into account all legal issues, of course!

How can AI image generators infringe copyright?

AI image generators may infringe copyright by copying images without permission from their respective authors or by using images that are not freely available. The latter is particularly problematic because AI image generators are often based on images that are protected by copyright. For example, some AI image generators use images from Instagram or Pinterest. Such images are usually freely available only for a limited time or purpose. If an AI image generator uses such images to create its templates, it -possibly- violates copyright law. Another problem is that many AI image generators use photos that are not freely available. Some of these images come from social media and other websites where copying is usually not allowed. If an AI image generator uses such images to create its templates, it is almost certainly in violation of copyright law. However, there are no judgments on this yet. In the USA, however, there are initial attempts to enforce such claims.

Legal consequences for users of AI images

In a digital world where AI image generators are increasingly used, the question arises as to what the legal consequences are for users of such images. First and foremost, users must take care not to infringe copyright on AI images. In addition, warnings or lawsuits may also be issued if AI images are used without the consent of the author or holder of the exploitation rights. To avoid unauthorized use, users must verify that the original image creators have the right to use their work. When using AI images, it is therefore important to ensure that all relevant rights holders have given their consent in advance. Another problem with using AI images is the risk of plagiarism. When images are generated with AI, there is a risk that they will be inadvertently modeled on existing works, thus reproducing copyrighted works. Again, it is advisable for users of such images to take the precaution of asking the copyright holders for permission and ensuring that no unauthorized copy is made. Virtually impossible with SaaS providers 😉

So it’s up to all stakeholders – creators as well as providers and users – to ensure that copyright is respected in AI image generators. This is the only way to minimize legal uncertainty and avoid negative consequences for all sides. However, as this technological field evolves, the extent to which other areas of copyright will be affected – such as licensing of images or liability when sharing content on social networks – remains to be seen. It remains to be seen what new developments await us here and what effect this will have on the handling of copyright in the digital world.

Conclusion

In recent years, AI image generators have continued to evolve. By using AI, images can now be made even more detailed and realistic than before. However, there are also some legal issues that arise from these new technologies. For example, it is hardly possible to determine the rights chain of these images anymore. The rights to the generated images themselves are also often unclear. Another challenge is that many AI image generators do not operate transparently. It is therefore difficult to find out which data is used and what impact this has on the result. Overall, then, AI image generators are an exciting new technology, but one that needs further development before it can be widely used.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: DevelopmentdigitalExploitation lawHaftungInstagramJudgmentsKILawsLawsuitLegal fieldLegal issuesLegal questionLizenzModelRegistrationRegulationSaasserviceSicherheitSoftwareUrheberrechtWarning

Weitere spannende Blogposts

Federal Constitutional Court: Right to Be Forgotten I

Federal Constitutional Court: Right to Be Forgotten I
27. November 2019

Confernation The "Right to be Forgotten I" decision published today, which is complemented by the "Right to be Forgotten II"...

Read moreDetails

Attention: Simple cookie banner no longer sufficient

ECJ: Cookies require explicit consent of users
2. October 2019

Yesterday, the European Court of Justice made a far-reaching decision on the issue of consent to the setting of cookies(see...

Read moreDetails

The final draft of MICAR (Markets in Crypto Assets Regulation) is available: A rough overview of the content

ECJ to decide whether consumer protection agencies may issue data protection warnings
20. April 2023

The final draft of MICAR (Markets in Crypto Assets Regulation) is now available and marks a significant step in the...

Read moreDetails

Why text AI is not 100% reliable when it comes to contract drafting!

Why text AI is not 100% reliable when it comes to contract drafting!
2. February 2023

Can a machine be fully trusted with legally relevant issues? Since the "boom" of ChatGPT, this question is probably not...

Read moreDetails

Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges

Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges
12. May 2023

AI in software and game development: potential and pitfalls The use of artificial intelligence (AI) in software and game development...

Read moreDetails

Incorrect registration of batteries can be warned

Incorrect registration of batteries can be warned
3. April 2019

Of course, products containing batteries are also sold via online shops. These products must be reported to the Joint Take-Back...

Read moreDetails

Federal government and esports: no own expert opinion on recognition as a sport

pexels photo 896851 1
7. November 2022

According to its own statement, the federal government has not commissioned any separate expert opinions on the issue of Esport...

Read moreDetails

Withholding tax and Google Ads

HOT/Important: Google Ads tax liability trap
7. November 2022

On Saturday I reported in detail on the issue of withholding tax on Google Ads / Adwords. Although I was...

Read moreDetails

Is participation in a sponsored event subject to labelling?

Is participation in a sponsored event subject to labelling?
4. November 2019

There is already a lot around the topic of influencers and labelling requirements and even if the case law currently...

Read moreDetails
Contractual regulations for no-code/low-code software development
Other

Contractual regulations for no-code/low-code software development

21. May 2025

No-code and low-code platforms enable rapid software development without extensive manual programming. Applications are increasingly being developed on the basis...

Read moreDetails
Erotic content on OnlyFans: Copyright and personality rights protection for creators

Erotic content on OnlyFans: Copyright and personality rights protection for creators

20. May 2025
Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

Goodbye hustle culture? Startup life between 24/7 grind and work-life balance

19. May 2025
Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

Startup buzzwords 2025: Bullshit bingo in marketing German Introduction: Bullshit bingo in marketing German

18. May 2025
From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

From the metaverse boom to AI euphoria – a tech lawyer in the hype cycle

17. May 2025

Podcastfolge

7c0b449a651fe0b81e5eec2e23515012 2

Copyright in the digital age

15. January 2025

This insightful 20-minute podcast episode by and with me explores the complex topic of copyright in the digital age. The...

Read moreDetails
legal challenges when implementing confidential computing data protection and encryption in the cloud

Smart contracts and blockchain

15. January 2025
43a60cb39d7ea477ac8f3845c1b7739c

Legal advice for start-ups – investments that pay off

8. December 2024
247f58c28882e230e982fa3a32d34dea

Digital sovereignty: Europe’s path to a self-determined digital future

8. December 2024
d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024

Video

My transparent billing

My transparent billing

10. February 2025

In this video, I talk a bit about transparent billing and how I communicate what it costs to work with...

Read moreDetails
Fascination between law and technology

Fascination between law and technology

10. February 2025
My two biggest challenges are?

My two biggest challenges are?

10. February 2025
What really makes me happy

What really makes me happy

10. February 2025
What I love about my job!

What I love about my job!

10. February 2025
  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung