Again, I’m just “talking” to the AI as I would a human. In this case, ChatGPT gave pretty good advice.
But if you don’t like the advice you’re given, remember that you can engage in a dialogue with your AI providing details and clarification along the way, similar to what I did above.
In this case, I asked ChatGPT to generate the image using its answer as my prompt. I did the same to Grok. Here’s what they came up with.
ChatGPT
Grok
Now ask yourself, as a consumer, which image would you be more likely to click on–either one of these two images or a stock photo of a mattress?
If you’re not sure, here’s something else you can do with AI. Come up with different hypotheses for images that would achieve your goals and AB test them.
With generative AI, testing different images becomes as simple as testing copy to optimize your conversion rate.
Is it legal to use AI-generated photos on my website?
I’ll preface this section by saying that this is my personal perspective and opinion and not legal advice. For any legal questions, please consult a lawyer, preferably one well-versed in copyright and intellectual property law.
Three main categories of law arise most often in the use of images and photography on websites:
Copyright law.
Privacy / right of publicity law.
Trademark law.
Copyright law
Copyright law protects the creator of an original work. Many people erroneously believe that you need to register a copyright for it to be valid.
The truth is you automatically own the copyright for anything you create, even if it’s just scribbling on the back of a napkin.
For someone else to legally use anything you create, you need to give them permission. In the art and photography world, that’s usually done through a license.
Every image you use on your website that you don’t own and that’s created by a human, other than public domain images, should have a license.
Even when the photo is free to use, it’s covered by a license such as Creative Commons or a license from a free site like Pexels or Unsplash.
Here’s where things get interesting.
Because AI is not human, copyright laws (as of now) don’t apply to AI-generated work.
That means whatever original work you create using AI, you can use without fear of getting sued for copyright infringement. That also means that anyone can come to your site and steal your AI-generated content.
As AI-generated content becomes more ubiquitous, expect laws to be passed quickly to address these kinds of issues.
Trademark law
Even if there are no issues with copyright for original work that AI produces, AI “artists” are still subject to the same laws and rules that human artists need to follow.
For example, what’s wrong with this image?
I went a little over the top in generating this to make a point about some potential risks of generative AI.
The Apple logo, the modern-day version of Mickey Mouse and the Empire State Building are all trademarked. Yet, Grok was able to generate this image for me with remarkable fidelity.
While most people understand that logos and cartoon characters are trademarked, many don’t realize that building and product design may also fall under trademark protection.
In the stock photo world, major stock companies like Adobe Stock and Shutterstock review every photo in their libraries and mark it “for editorial use only” if it contains a recognizable trademark. This is due to the indemnity that they provide as part of their license.
On the other hand, free sites like Pexels and Unsplash allow images such as this photo of Cinderella’s Castle in Walt Disney World, which is very much trademarked and has been downloaded over 23,000 times and viewed over 9 million times.
Pexels does make clear in their license that commercial use is prohibited, but a simple reverse image search reveals that hundreds of websites don’t adhere to these terms. While Disney’s lawyers could sue all of them, they choose not to – at least for now.
A parallel situation is emerging in the world of generative AI. Google and OpenAI go out of their way to prevent users from generating images that contain trademarks.
Grok and Stable Diffusion allow it, putting the responsibility for compliance entirely on the user. It’s all but certain this will be deliberated in the courts. Stay tuned.
Incidentally, the reason that I’m able to use this image here is because the use here is protected under a principle called nominative fair use.
Put simply, this article is providing reporting, commentary and education. The use of images in this article is considered editorial use, solely for the purposes of providing context and I made sure my use of the trademarks do not suggest endorsement or affiliation by Apple, Disney and the owners of the Empire State Building.
Privacy and right of publicity laws
Just as AI can generate photorealistic images of products, buildings and characters, it can also generate very realistic images of people.
AI-generated images of humans can also be problematic, mainly if the image resembles a real person (whether intentionally or not).
Many jurisdictions already have laws regulating “deep fakes”, but as with copyright and trademark law, expect privacy and right of publicity laws to evolve as use of generative AI grows.
Are stock photo companies dead?
Not necessarily. Here’s why.
Most people think that when you pay for a photo or an illustration on a stock photo site, you’re paying for an image you download.
That’s not the case. What you’re actually paying for is a license to use that image legally and with most of the larger stock photo companies, you’re also buying protection.
As I mentioned above, with free sites you need to figure out whether your use of a photo you downloaded from their site is legal or not. If someone decides to sue you, you’re on your own.
On the other hand, larger stock photo companies usually provide indemnification as part of your license, meaning that if you get sued for using images you purchase from them, they’ll cover at least some of your legal expenses.
The “Big Three” stock photo providers, Getty Images, Shutterstock and Adobe Stock, are all providing generative AI capabilities, and all of them do appear to extend indemnification for the use of those images (see the terms from Getty, Shutterstock and Adobe).
As long as generative AI companies pass on the responsibility of compliance to their users, stock photo sites aren’t going away. But they will evolve.
If nothing else, you can think of purchasing from a stock agency as buying an insurance policy, especially as laws concerning AI images continue to evolve. Most risk-averse big companies will likely continue to go through the stock photo companies.
For the rest of us, as long as you take the time to educate yourself about intellectual property law and use common sense in your use of generative AI, we’ll probably be fine.
Is photography dead?
Finally, I want to address the photographers and artists in the room.
The invention of photography put many artists out of work. The invention of digital photography disrupted traditional photography.
The advent of stock images meant your photos sold for a few dollars instead of a few hundred. The advent of free stock libraries meant your photos sold for a few pennies instead of a few dollars.
This is just another evolution.
Yes, some photographers and artists may find themselves displaced. But for anyone with skill and talent, believe it or not, the future is brighter than ever for those who can adapt to this new world.
How?
Double down on being human: Focus on your unique ability to tell stories, not just create images. Move beyond simply taking photos or drawing pictures.
Embrace AI as a tool: See AI like Midjourney or Stable Diffusion as allies that can elevate your creativity, rather than threats.
Develop a unique style: Differentiate yourself from AI by creating art that’s deeply personal and custom. Generic content won’t stand out against AI-generated work.
Be a storyteller: Don’t let your art “speak for itself.” Explain the process and purpose behind your work, especially when showcasing it on platforms like Behance or Dribbble.
Stay one step ahead of AI: As you experiment with AI you’ll quickly find that it is still horrible at most detailed, long-tail queries. In some cases this is simply because it hasn’t had enough training data yet; in others no amount of training will help. Focus on details, specific concepts and brand work that AI struggles with. Anticipate trends and adapt quickly.
Quantify the value of your work: You can bet that marketers will rush to embrace generative AI as a “solution” while never understanding the problem they’re supposed to be solving. Artists need to be able to articulate the deeper value and impact of their work, reminding marketers that art isn’t just about aesthetics.
Innovate continually: While AI might replicate your innovations eventually, your advantage is in constant creativity and pushing boundaries.
Generative AI is here to stay
Some will resist it, and others will become too heavily reliant on it. Both will be left behind.
On the other hand, those who embrace it as a tool but don’t lose their humanity in the process will succeed and thrive in this new world.
Dig deeper: Advanced image SEO: A secret manual
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