Flyers · Glossary
What is an AI generated image?
An AI generated image is a picture produced by a machine learning model from a written prompt, and sometimes a reference picture, instead of being photographed or drawn by a person. The model builds new pixels from patterns learned in training, so each result is original in form, but its copyright status depends on how much a human shaped it.
Making a picture from a sentence takes seconds, and the legal questions arrive just as quickly. Using one on a flyer is usually straightforward, but owning it outright is a different matter in most countries.
Indunil Asanka · Co-founder
6 min read · Published
| Jurisdiction | Position | Key date |
|---|---|---|
| Australia | Copyright needs a human author; a work produced entirely by AI is not protected | 2010: Telstra v Phone Directories, no copyright in directories compiled by automated systems |
| United Kingdom | Computer generated works with no human author are protected for 50 years; the author is whoever made the arrangements for the work | December 2024 consultation, updated 19 March 2026, prefers removing that protection if evidence of benefit is lacking |
| United States | Output whose expressive elements a machine determined is not protected; prompts alone are not enough | 29 January 2025: Copyright Office Part 2 report; 18 March 2025: Thaler v Perlmutter |
| European Union | The AI Act sets transparency duties rather than ownership rules | 2 August 2026: Article 50 marking and deep fake disclosure apply |
From prompt to pixels
Image models learn from very large collections of pictures paired with descriptions, building an internal sense of which shapes, textures and lighting go with which words. Given a new prompt, the model starts from random noise and refines it step by step toward something that matches the description. Run the same prompt twice and the pictures differ. The strengths are photographic lighting, product shots on plain backgrounds and scenes that would be expensive to stage. The weaknesses are hands, small repeated details, exact brand marks and readable text, which models have historically rendered as convincing gibberish. None of that makes a generated picture a photograph of anything real, which matters as soon as it is used to sell something.
Who owns the result, country by country
In Australia, the Australian Copyright Council's fact sheet on artificial intelligence explains that copyright protects works with a human author, and that a work produced solely by AI falls outside it. The courts reached the same conclusion about automation in 2010, when the Full Federal Court held in Telstra v Phone Directories that directories compiled by computer systems had no copyright. The United Kingdom is the outlier on paper: section 9(3) of the Copyright, Designs and Patents Act treats the person who made the arrangements for a computer generated work as its author, with 50 years of protection, but the government's consultation of December 2024, updated on 19 March 2026, says its preference is to remove that protection if the evidence does not support it. In the United States, the Copyright Office's report of 29 January 2025 concluded that prompts alone do not make a user the author, while human selection, arrangement and modification can still be protected, and on 18 March 2025 the DC Circuit upheld the human authorship requirement in Thaler v Perlmutter.
Using an image you may not own
Lack of copyright rarely stops a business using a generated picture on a flyer, provided the terms of the tool allow it. What it removes is exclusivity. If nobody owns the image, nobody can stop a competitor copying it, so a generated picture is a weak foundation for a logo, a mascot or anything that has to identify the business. A generated image can also resemble a protected work, a real person or a real product closely enough to cause trouble, and a picture that shows a venue, dish or product that looks nothing like the real one can mislead customers regardless of who owns it. None of this is legal advice for a particular use.
Labelling and disclosure
Europe is where labelling becomes law. Article 50 of the EU AI Act requires providers of AI systems to mark generated output in a machine readable way so it can be detected as artificial, and requires anyone deploying a system to create deep fakes, meaning realistic images, audio or video of people, places or events, to disclose that the content was generated. Those duties apply from 2 August 2026. Elsewhere the obligation usually comes from advertising and consumer rules rather than an AI statute, which is why a clear, plain label on a realistic generated person or place is a sensible habit anywhere.
Common mistakes
The most common is asking the model to write the headline, price or phone number inside the picture and then printing whatever it spelled. Close behind is generating a logo and assuming the business now owns a protectable mark. Others include prompting with a real person's name or a famous character, using a generated interior as though it were the actual shop, and keeping no record of the prompt and date. That record costs nothing and is the first thing anyone will ask for if the picture is ever questioned.
How images are generated inside a flyer
In the flyer builder an image slot can be filled from a prompt of up to 2,000 characters. The picture is made by a Gemini image model on Vertex, at an aspect ratio snapped from the slot's own shape to the nearest of eight: 21:9, 16:9, 3:2, 4:3, 1:1, 3:4, 2:3 or 9:16. No text is ever rendered into the image, so prices, dates and headlines stay in text slots where they can be edited. Logo slots are never generated; they take an uploaded image or initials. Each generation needs a credit. When the generation job cannot produce a picture it tries an Unsplash stock search before leaving the placeholder, while the generate button inside the builder simply reports a failure.
Questions people ask
Can I use an AI generated image commercially?
In most cases yes, as long as the terms of the tool that made it allow commercial use and the picture does not copy a protected work, a real person's likeness or another business's branding. The practical difference from a licensed photo is that you may have no copyright of your own, so you cannot prevent others reusing the same picture.
Does editing an AI generated image make it mine?
It can make parts of it yours. The United States Copyright Office says human modifications, and the creative selection and arrangement of material, can be protected even when the underlying output is not. Substantial retouching, compositing with your own photography or illustration, and deliberate arrangement strengthen a claim. A light colour adjustment almost certainly does not.
Why do AI images get lettering wrong?
Image models learn what text looks like as shapes rather than as spelling, so they produce letter forms that are plausible at a glance and wrong on inspection. The dependable fix is to keep all words out of the picture and set them as live type on top or beside it, where they can be checked, corrected and translated.
Can an AI generated image infringe someone's copyright?
Yes. If the output reproduces a substantial part of a protected artwork, photograph or character, using it can infringe regardless of how it was made. Prompts that name a living artist, a franchise character or a brand raise that risk. Describe the scene, lighting and mood you want in your own words instead of pointing at somebody else's work.
Should customers be told an image is AI generated?
In the European Union a realistic deep fake must be disclosed from 2 August 2026. Beyond that legal duty, a label is good practice whenever a picture could be taken as a real photo of your premises, staff, food or product. Customers who discover the difference later tend to judge the business, not the tool.
Is an AI generated image the same as a stock photo?
No. A stock photo is a real photograph or illustration owned by a creator and used under a licence, often with model and property releases. A generated image may have no copyright owner at all and no releases, because nobody was photographed. Each suits different jobs, and a real product or venue is usually better shown with a real photo.
Make one with flyers
The button opens the generator with this use case already described. Change the wording to match your own.
Create a flyer with OneCraftRelated questions
- What is a stock image?A stock image is a photo licensed for reuse instead of shot for the job. Royalty free, rights managed and free licences compared, and what each permits.
- What is aspect ratio?What is aspect ratio? The proportion of width to height, written as 16:9 or 4:5. How to work one out, the common ratios, and why a mismatch gets cropped.
- What is a monogram logo?What is a monogram logo? A logo made from a brand's initials, when a lettermark beats a wordmark or symbol, and how to keep two or three letters readable.
Step by step in the builder: Add or replace the images in a flyer.
Sources
Written and checked by the OneCraft team. Last checked .