Using AI Safely in Visual Campaigns

Can using AI in visual campaigns create legal risks?

Yes.

AI-generated content may introduce legal exposure related to image rights, copyright, and personal data protection. Even when used internally during concept development or testing, the processing of real people’s images in generative systems may fall under data protection regulations such as GDPR.

This means that uploading a photograph of an identifiable person into a generative system may already be considered a form of data processing, regardless of whether the generated result is later published or used in a campaign.

Is it safe to upload reference images into AI tools?

Not always.

Uploading photographs of identifiable individuals into generative platforms may be considered personal data processing. This applies even if the generated result is never published or used in a final campaign.

Internal use for concept development, moodboarding, or visual reference does not necessarily exempt this process from legal obligations.

Can we generate a face that looks like a real person?

Not intentionally.

Creating synthetic content that reproduces or resembles an identifiable person may infringe personality or image rights, even if the individual’s name is not mentioned.

Public availability of a face online does not imply permission for commercial or synthetic use.

Can we generate additional campaign visuals using a real model’s face?

Only with explicit written consent.

If a model participated in a physical photoshoot, their agreement does not automatically extend to synthetic reuse of their likeness. Generating new content based on their facial structure, expressions, or appearance may be considered a separate use case.

A dedicated release covering AI-based generation or digital likeness replication is recommended before producing derivative content.

Does a standard model release include AI usage?

Usually not.

Traditional model releases were designed for photography and video production. AI-based modification, replication, or synthetic extension of a person’s appearance may fall outside the scope of standard agreements unless explicitly included.

If AI use is planned, it should be addressed in writing before production.

Can we train internal AI tools using campaign visuals?

Only if usage rights allow it.

Training a generative system on images of real individuals may involve biometric data processing in certain jurisdictions. Consent for campaign publication does not automatically extend to dataset creation or machine learning use.

Legal review is advised before using human image data in machine learning pipelines.

Is it acceptable to use AI-generated images created by third parties?

Only with a commercial license.

AI-generated images may still be subject to copyright or licensing conditions. Using third-party content in commercial campaigns without authorization may lead to intellectual property claims.

If an image was not generated internally or licensed for commercial use, it should not be used in marketing materials.

Is it acceptable to combine real and AI-generated elements?

Yes, provided that:

All real participants have consented to digital modification
No third-party visual assets are used without license
Synthetic outputs are reviewed for unintended resemblance
The final usage aligns with original agreements

Hybrid production workflows can be implemented responsibly when rights and permissions are clearly defined.

Using AI responsibly requires aligning production practices with evolving legal frameworks around consent, licensing, and personal data protection. Integrating these considerations into the production workflow helps reduce both legal and reputational risk in visual campaigns.