Copyright

The AI-generated Olympic photo mistake (and why your brand is at risk)

The AI-generated Olympic photo mistake (and why your brand is at risk)

· Copyright

Artificial intelligence has made copying faster, cheaper and harder to detect. The recent case of an AI-generated Olympic image is a useful warning, because the exposure did not sit with the software.

Who is liable

The person or company that publishes the material. "The AI generated it" is not a defence. If the output reproduces a protected work, or a recognisable person, or a registered trademark, the publisher answers for it.

Two separate problems

Input. If the model was trained on protected works, or you prompted it with someone else image, the output may reproduce protectable expression. This is being litigated in several jurisdictions and the answers are not settled.

Output. Under Mexican copyright law, protection requires a human author. Material generated entirely by a machine, with no meaningful human creative contribution, sits in an uncomfortable position: you may not own it, which means you may not be able to stop a competitor using the same image.

What to do in practice

Keep a record of what was generated and how. Do not use AI images that reproduce identifiable people, brands or existing works. Read the terms of the tool you are using, because they vary enormously on who owns the output. And for anything central to your brand, commission human work and take a written assignment.

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