The companies developing these AI image generators are doing it for profit.
Commercial use is commercial use; they should have gotten permission, and paid as appropriate, for any material they actively used to develop their product.
Yes, a person can generally download any given image from the internet for personal noncommercial purposes. That is widely recognized to be a different circumstance and isn't relevant.
Copyright law is different throughout the world so there is no single answer that will cover all the laws but overall the highlighted above is a common misconception. If you are using someone's copyrighted work it makes not an iota of a difference in regard to the legality of using that image whether you are using it for commercial or personal use.
In the USA the only differnce would be in someone trying to gain restitution for your use of their copyrighted work, they ain't going to get much from Lilly who used the copyrighted front cover image of a book in her book report, but McDonalds printing your copyrighted image on every big Mac wrapper.....
There are a few exceptions to being able to use a copyrighted image or photograph without permission, for example fair use (which by the way is not the same in all countries) or for research.
And that research exception is what the creators of many of the datasets collated from publicly accessible websites have relied on for many years and it went unchallenged until very recently. The claim of those using generative AI in commercial projects is that since the generated AI does not store the copyrighted images and does not use them to generate new images then there is no breach of copyright even though they used the copyrighted image to train the AI i.e. they claim that is covered by the research exception.
It is going to take either new legislation or case law to settle this issue.
Last edited:


