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Future of Advertising

Using AI images in campaigns

Cheap, fast and legally unsettled. Three rules keep the saving without acquiring a problem you cannot see yet.

Sep 9, 2025 2 min read 410 words
Using AI images in campaigns

Key points

  • Never use a generated image where a real photograph would prove something.
  • Rights in generated images are unsettled in most jurisdictions; assume you cannot rely on exclusivity.
  • Generated people in advertising increasingly require disclosure.

Image generation has made visual production nearly free. The savings are real and there are three places where using it costs more than it saves.

Rule 1: never where the image is evidence

An image proving something must be real: your work, your premises, your team, your product.

A generated photograph of a completed bathroom on a bathroom fitter's website is a misrepresentation, whatever the disclaimer says. The same applies to team photographs, premises, and any image a customer would read as documentation.

The test is simple. If a customer could reasonably believe the image shows something that exists, it must exist.

Rule 2: understand what you own

In most jurisdictions, output generated without meaningful human authorship attracts no copyright protection. That has two consequences.

You may not be able to prevent a competitor from producing and using something near-identical. And you may not be able to license the image exclusively to anyone else.

For a background texture that is irrelevant. For a brand's central visual asset it is a serious weakness, and it argues for commissioning original photography or illustration for anything load-bearing.

Rule 3: people require care

UseRisk
Illustrative background figureslow, disclosure may apply
A generated person as a customer testimonialhigh, misleading
A generated person resembling a real personvery high, personality rights
Generated childrenhigh, additional scrutiny
Generated person as staff or experthigh, misleading

Disclosure requirements for synthetic media are being introduced in several jurisdictions, with the clearest direction on realistic depictions of people. Assume you will need to label them.

Where it works well

Abstract and conceptual imagery. Backgrounds and textures. Illustration where photography was never going to be used. Concept visuals shown internally before commissioning production. Article images for editorial content where nothing is being claimed.

That covers a substantial share of the imagery most businesses need, and the saving on that share is genuine.

The quality tells

Generated images have recognisable failure modes and they are noticed by audiences who look at a lot of them: hands, text on signs and packaging, repeated patterns, teeth, reflections that do not correspond, and a particular over-smooth lighting.

Text in images is the most reliable giveaway and the most damaging in an advertising context. Exclude it in the prompt and check the result at full size.

The record to keep

For every published generated image: what tool, what prompt, what date, who approved it, and whether it depicts a person. Ten seconds per image, and it answers every question that might be asked later.

Frequently asked questions

Can you copyright a generated image?

In most jurisdictions purely machine-generated output attracts no copyright protection, which means competitors may use something similar.

Is it safe for product photography?

No. A generated image of a product you sell misrepresents it, which is a straightforward advertising law problem.

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