There is therefore the possibility that any use of the generated content is a use of the training data, which may not be legally permissible. (However, there are not yet sufficient court rulings on this and it is currently rather unlikely that one will be prosecuted for such a violation - but not impossible. The situation is currently being clarified in lawsuits against the AI operators.)
The following risk is more likely: . This is not uncommon, even if the user has no intention of copying a particular image. If an AI image is then used, either consciously or unconsciously, which violates (copyright) rights, unpleasant claims for damages can follow.
The Süddeutsche Zeitung has already dealt with this problem. AI plagiarism of Hollywood images: filmmakers' concern is growing - Culture - SZ.de (sueddeutsche.de) )
Good to know: This problem has even occurred with malaysia number dataset AI tools that advertise that they only use licensed or public domain content as training data. So caution is always advised.
Finally, it should be taken into account that AI-created images may violate the image rights of certain people. If a specific person is identifiable in the AI image (due to proximity to training data), that person may have legal claims against its use.
Danger
Many AI tools now offer to assume liability risks. Here too, the following applies: read the terms of use carefully. The assumption may be limited to a small amount of money or a specific country. If such a clause can be found, or liability is even completely excluded, it will be difficult to recover the damage from the AI operator. It should also be taken into account that many of these companies are based abroad and many legal questions in this regard have simply not yet been clarified.
Recommendation
When doing commissioned work, always clarify with the customer beforehand whether the use of AI is desired – with all the consequences, such as liability issues and lack of exclusive rights. (Please also state this in the contract)
Ideally, you link the AI images with your own work and redesign them.
Read the terms of use of the AI image generators completely and carefully. Is commercial use possible after that? Is liability assumed?
Always check generated images to see whether brands, people or similar can be identified.
When prompting, avoid using real people/fictional characters and, better yet, works of art.