Creative Ways Companies are Using AI-Generated Images and Navigating Copyrights
“The only constant is change.” The Greek philosopher Heraclitus said this some 2,500 years ago, and boy was he right! Unlike togas, which have been relegated to the occasional frat party, his ancient statement has never been more relevant. Particularly when it comes to digital marketing. And a big reason for that is the rise of artificial intelligence.
AI has revolutionized how companies approach everything from customer relationships to content optimization. Today, one of the most fascinating aspects of this transformation is how businesses are using AI-generated images in creative and innovative ways—all while navigating an evolving landscape of ethical and legal challenges.
So how can your brand harness the power of AI-generated images and manage copyright issues smartly? Synechíste na diavázete! (That’s ‘Read on!’ in Greek—sorry to Heraclitus if we butchered it.)
From Togas to Tech: Background on AI-Generated Images as a Digital Marketing Tool
While AI-generated images are growing in mainstream use, they previously lacked the sophistication needed to meet quality standards. That all changed thanks to a type of deep learning called Generative Adversarial Networks (GANs), which enable algorithms to produce visuals with striking realism and detail. Tools such as DALL·E 3 and Midjourney now empower marketers to create highly realistic images using artificial intelligence that look like they were crafted by professional designers and photographers—at unprecedented speed and scale.
The game-changing potential of AI-generated images stems from several key factors. First, customization allows brands to create unique visual content aligned with their identities. Speed is another significant factor, as AI tools can produce visuals much faster than traditional photoshoots or design processes, something particularly useful for social media and email campaigns. Cost-effectiveness is also key—AI image generation reduces the need for expensive resources such as photographers, models, and studio time. Last but certainly not least are the innovative possibilities: from futuristic landscapes to impossible creatures, this cutting-edge tech enables brands to push visual boundaries in their digital marketing campaigns.
Getting Creative: Applications in Digital Marketing and Beyond
It will come as no surprise to learn that global brands are already leveraging AI-generated imagery to create buzz, tell compelling stories, and differentiate themselves from competitors.
Coca-Cola recently launched a digital marketing campaign inviting artists and consumers to use OpenAI's DALL·E to reimagine the brand's iconic visuals, resulting in stunning, surrealist interpretations that blend the familiar with the fantastical. It proved so successful that the sugar water behemoth created a follow-up holiday activation enabling fans to make digital greeting cards using iconic Coca‑Cola images and characters through the use of AI technology.
Fashionably late to the party? Not Gucci, which partnered with auction firm Christie’s to explore how generative AI might influence the future of apparel. Cutting-edge digital artists were tapped to create virtual works featuring models and outfits that don’t exist in real life but perfectly align with the luxury brand's avant-garde style. This AI art was later auctioned off as NFTs.
Nike has even used the power of artificial intelligence to dream up new sneaker designs, giving customers a sneak peek into the future of custom footwear while building anticipation for its upcoming releases. Their new slogan? Just Do It With AI. (Just kidding, but hey, that might just fly?)
And certainly not playing ketchup (sorry, that pun wrote itself) is Heinz, who absolutely nailed the concept of generative AI to prove its universal bonafide. A brilliant marketing campaign asked AI to "draw ketchup” and the results powerfully revealed that the brand is indeed synonymous with the product itself.
Proceed with Caution: Navigating the Ethical and Legal Landscape
If you’re like most digital marketers, you’re probably intrigued and excited by the possibilities of AI-generated images, but also a bit hesitant. And rightfully so! It’s wise to be cautious about any new technology or innovation, particularly one that presents potential ethical and legal pitfalls.
While the use of AI-generated imagery in marketing is still in its infancy, there are several unique challenges to consider:
Copyright Infringement
AI image generators have been trained on vast databases of existing artwork, photography, and digital assets. Needless to say, this practice raises big questions about the ownership of the resulting images and the potential for infringing on the intellectual property rights of the original creators.
As of this writing, multiple lawsuits by artists against generative AI platforms are pending, claiming copyright infringement on the basis of the AI using their original works for training purposes without license to do so. If a court rules in favor of the plaintiffs, it’s a whole new ballgame for AI platforms and those who use their tools.
According to a Harvard Business Review article on the topic: “There are risks regarding infringement — direct or unintentional — in contracts that are silent on generative AI usage by their vendors and customers. If a business user is aware that training data might include unlicensed works or that an AI can generate unauthorized derivative works not covered by fair use, a business could be on the hook for willful infringement, which can include damages up to $150,000 for each instance of knowing use.”
There’s also the matter of copyright protection for works created using generative AI. The courts have already ruled that unedited images produced by AI are not protected by copyright. However, the status of edited images remains uncertain. Current interpretations suggest that if an artist demonstrates creative control over an image-generating tool, the resulting work may be protected under copyright law.
Until the legal dust settles, carefully review the terms and conditions of any AI image generator you use to understand the commercial rights being granted. Involve legal teams early in your creative process to establish best practices for AI-generated content use. Consider registering the AI-generated images alongside original inputs to establish ownership. And when using open-source AI tools or data, always provide proper credit to the creators to maintain transparency and ethical standards.
Misinformation
While not necessarily a legal issue, the unintended spread of misinformation is certainly a business-related concern. AI tools are designed to create photorealistic images that blur the line between reality and fiction, which can be problematic. If not properly labeled, highly convincing yet entirely fictional visuals could mislead or deceive audiences. The potential for spreading misinformation is particularly sensitive in areas such as news, education, health care, and public communications, where trust and accuracy are paramount.
At a minimum, misinformation leads to consumer and internal confusion. In severe cases, it can harm a company's reputation and erode customer trust and loyalty. The fallout could even lead to financial losses from decreased sales, legal costs, and expenses related to damage control and public relations efforts.
To ensure the accuracy of your visual information, clearly disclose if images are AI-generated, especially if they’re even remotely photorealistic. This labeling helps maintain transparency with your audience and can prevent any confusion about the nature of the content, safeguarding against misinformation and protecting your company’s reputation.
Think this is all just hypothetical? Brands large and small should be very careful when using the power of AI image generation, lest they start a social media food fight—just ask Uber Eats.
Bias and Fair Representation
AI's Achilles' heel lies in the data it devours. Since these systems learn from existing information, they often inherit the biases that lurk within their “training material.” The result? AI-generated images sometimes perpetuate stereotypes or fail to represent diverse races, genders, and cultural backgrounds fairly. By using these visual choices, brands can inadvertently reinforce discriminatory practices or exclude certain groups—something no organization wants.
Bloomberg recently took at look at generative AI’s bias, and its findings were concerning, to say the least. The global media company analyzed 5,100 images of AI-generated people in relation to jobs and crime, using Stable Diffusion. Images generated for high-paying jobs like “CEO” were dominated by people with lighter skin tones. Conversely, darker skin tones were commonly associated with low-paying jobs like “fast-food worker.”
Most occupations in the dataset were also dominated by men, except for low-paying jobs like housekeeper and cashier. And when the keyword “inmate” was used, more than 80% of the images generated were of people with darker skin, even though people of color make up less than half of the US prison population.
If a picture is worth a thousand words, then it’s pretty darn important to get it right. At the very least, marketers should regularly audit and review AI tools to ensure that generated images are free from biases and fairly represent diverse populations. Ethical guidelines should also be specifically tailored to the use of AI in marketing, addressing issues like respect for cultural differences and the prevention of harmful stereotypes.
Getting Started: Tools and Platforms for Generating AI Images
Now that we’ve covered the good, the bad, and the ugly of generative AI, it’s time to take the next step: experimentation. Ready to transform textual descriptions into visual masterpieces? Here’s a quick overview of some of the most popular AI image-generation platforms available today:
- DALL-E: OpenAI's platform creates surreal, creative images from textual prompts. DALL-E’s ability to generate a wide variety of artistic styles and elements allows brands to explore multiple creative directions quickly and efficiently, making it ideal for brainstorming and brand imagery.
- Midjourney: Known for its distinctive artistic flair, Midjourney is perfect for brands wanting unique, art-like visuals. Its strength lies in its ability to craft images that are deeply resonant with emotional and aesthetic appeal.
- Stable Diffusion: An open-source AI tool offering high-quality results, Stable Diffusion is a go-to choice for marketers who need to fine-tune their creative vision. Whether for product visualization, advertising, or digital content, it provides a powerful solution for creating tailored visuals at scale.
- Adobe Firefly: Adobe's AI art generator integrates seamlessly with their Creative Cloud suite, giving marketers a familiar and powerful toolset. This integration allows users to effortlessly incorporate AI-generated images from Adobe Firefly into their existing workflows, using tools like Photoshop and Illustrator to further refine and customize.
Wrapping It Up: The Big Picture
AI-generated images are transforming the digital marketing landscape by offering unprecedented creativity, efficiency, and personalization. But with great power comes great responsibility. By embracing innovative tools and staying mindful of the ethical and legal challenges, marketers can use AI images to captivate their audiences like never before.
And if you're wondering how to bring this magic into your own marketing strategy, let's talk! At Rhythm, we're all about blending technology and creativity to make your brand stand out.