Using images from the Internet and AI-created works in cultural institutions – legal risks and copyright infringement
In the age of the Internet, cultural institutions have access to a vast number of images, photographs, graphics and other visual works that can enrich their exhibitions, publications or educational materials. However, the use of such resources carries significant risks of copyright infringement, especially when they come from an unknown source or are created by artificial intelligence. What are the risks associated with these practices, and what policies should cultural institutions adopt to avoid legal problems?
1. Using images from the Internet of unknown source – risk of copyright infringement
You can easily find images on the Internet that appear to be available for free use.
However, we are often unaware that many of these materials are copyrighted, and their use without the permission of the rights holder can lead to serious legal consequences. Risks of copyright infringement associated with the use of such images include:
a) Failure to identify the copyright owner
Images available on the Internet, even those that do not contain markings, may be covered by copyright protection. In the case of images whose copyright owner is unknown, cultural institutions may expose themselves to:
– Copyright identification problems – many materials on the Internet are distributed in a way that makes it difficult to determine their owner. This puts cultural institutions at risk if they do not take appropriate steps to verify the legal status of an image.
– Liability for infringement of image rights – in the case of images containing images of people, without the consent of the person depicted, institutions may expose themselves to claims for infringement of image rights.
b) How to avoid violations?
Verify the source of the image – institutions should use images from reliable sources, e.g. image banks, Creative Commons license databases that clearly define the terms of use. It is always worthwhile to read the terms and conditions of a given license, especially if the use will be commercial.
– Obtain permission from the rights owner – before using the material, always contact the copyright owner and obtain the appropriate license, including the precise scope of use of the work.
2. Works created by artificial intelligence – who owns the copyright?
Increasingly, cultural institutions are using artificial intelligence (AI) technology to create works of art, graphics or other visual materials. AI can generate images, but assigning copyright to such works is problematic. In the case of AI creation, at this point there are no clear laws governing who owns the rights to such works. This raises important legal questions:
a) Who owns the copyright to works created by AI?
We can analyze various options, in this case:
– The creator of the AI system – in some cases, the owner of the rights to a work created by AI may be the person who programmed or trained the algorithm that generated the work.
– No creator in the traditional sense – AI, as a tool, is not considered a legal entity, and therefore cannot be a creator in the sense of copyright law. Therefore, we can consider that what is created does not constitute a work in the sense of copyright law, and therefore we do not have a creator person at all.
– The person who gave the command – the person who gave the command for the AI to perform a given action could be considered the creator, but this would require additional analysis as to whether the command actually contained creative elements, or whether, however, all aspects of typical creativity were left to the software.
b) Risks of creating AI works without legal clarification
– Risk of infringement of others’ rights – AI algorithms may generate works inspired by or partially modeled on already existing works, which may lead to copyright infringement.
– Problems with dissemination – if a cultural institution does not have clearly defined rights to use AI-created works, it may expose itself to legal liability if such works are commercially disseminated. This is particularly true if one uses such a created work in a manner contrary to the terms of the license granted.
3. What rules to adopt to avoid the risk of violation of rights?
To avoid copyright infringement when using images from the Internet and AI-created works, cultural institutions should follow a few key rules:
– Verify the rights to the works – Before using any material from the Internet or created by AI, make sure that the institution has the appropriate rights to use it. This may mean obtaining a license, author’s consent or acquiring a license to the software.
– Transparency of sources – it is always a good idea to use images from licensed sources, such as image banks, platforms that offer materials under Creative Commons licenses, where the rules of use are clearly defined.
– Liability for AI creations – Cultural institutions that use AI must have regulations regarding ownership of the rights to the works generated. It should be precisely defined whether employees can use such software in their daily work, and whether they should signal this to the employer and how. This is also important in terms of the employer’s acquisition of rights to the so-called employee work.
4. Verify licensing of image databases and works created by AI
Cultural institutions using databases of images or works created by AI should always carefully verify the licenses associated with these resources. Many online platforms that offer AI-created images or works allow their use under various licensing terms. However, it is important to keep in mind that each license has its own specific rules, and failure to comply with them can lead to serious legal consequences.
a) Types of licenses to look out for
– Creative Commons licenses – these objects can be made available for use, but each license has different requirements, such as the need to attribute authorship, prohibition of commercial use or prohibition of modification of the work. Cultural institutions should make sure that their use complies with the terms of the license.
– Commercial licenses – if you purchase images or works created by AI, a commercial license may allow their use in commercial or public projects. It is important to carefully read the limitations of such a license, such as the number of reproductions, the manner of distribution or further editing of the material.
– “Royalty-free” and “rights-managed” licenses – Some images from image banks can be made available under “royalty-free” licenses, meaning that for a one-time fee they can be used in various fields of exploitation, but other licenses, such as “rights-managed,” may require additional fees or special approvals for specific uses.
b) Risks associated with lack of license verification
– License violations – misuse of images in violation of the license (e.g., commercial use of an image labeled “non-commercial”) can result in claims from rights holders, as well as financial consequences.
– Misuse of AI materials – in the case of AI-created works, it may be that the platform offering AI-generated images imposes restrictions on the use of these works in public or commercial projects. Failure to follow these rules can lead to copyright infringement and related claims.
Cultural institutions should attach great importance to verifying the license of each work used and always make sure they have the right to use it in the intended field of exploitation.
The use of images from the Internet and works created by artificial intelligence runs the risk of violating copyright and other intellectual property rights. Cultural institutions must be particularly careful when verifying the source of materials and obtaining appropriate licenses or consents. Good copyright management practices avoid legal consequences and use modern technologies responsibly.