Last updated on October 22, 2025
Yes, AI-generated images can be used in advertising within the EU, but only under strict compliance with copyright, transparency, and consumer protection laws. Advertisers must ensure that the content respects intellectual property rights and does not mislead consumers.
Pixels, Promises, and the Power of Disclosure
In the age of generative AI, where a few prompts can conjure up stunning visuals, the advertising world has found a new muse. From surreal landscapes to photorealistic models, AI-generated images are reshaping how brands communicate. But in the European Union, creativity comes with conditions. The question isn’t just whether you can use AI-generated images—it’s whether you’re doing it right.
The Legal Canvas
The EU’s approach to artificial intelligence is guided by the newly adopted AI Act, the world’s first comprehensive legal framework for AI. This regulation, formally known as Regulation (EU) 2024/1689, introduces a risk-based classification system for AI applications. Advertising use typically falls under the “limited risk” category, meaning it’s permitted—but not without obligations.
Transparency is key. If an image is generated by AI, and its nature could influence consumer perception—say, a digitally created person endorsing a product—then disclosure may be required. The AI Act mandates that users of generative AI systems must inform individuals when they are interacting with AI-generated content, especially in contexts that could affect decision-making.
Copyright in the Age of Creation
The European Union Intellectual Property Office (EUIPO) has also weighed in with a detailed study on generative AI and copyright. The report highlights two critical phases: the input phase, where AI models are trained on existing content, and the output phase, where new content is generated. Advertisers using AI-generated images must ensure that the training data used by the AI system did not infringe on existing copyrights. If the image is derived from protected works, licensing may be necessary.
Moreover, the EU’s Copyright in the Digital Single Market Directive provides mechanisms for rights holders to opt out of having their works used in AI training. This means advertisers should verify the provenance of the AI tool they’re using—was it trained on licensed or public domain content? If not, they could be liable for indirect infringement.
Ethics Meets Aesthetics
Beyond legality, there’s the matter of ethics. AI-generated images can blur reality, raising concerns about manipulation and misinformation. The EU’s consumer protection laws prohibit misleading advertising, and using hyper-realistic AI visuals without proper context could cross that line. For instance, portraying an AI-generated model as a real person endorsing a health product could be deemed deceptive.
To navigate this, some brands have begun labeling AI-generated content explicitly, not just to comply with regulations but to build trust. Transparency isn’t just a legal checkbox—it’s a brand asset.
See more on European Union
Sources
AI Act – Shaping Europe’s digital future
https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai
October 22, 2025
Development of Generative Artificial Intelligence from a Copyright Perspective – EUIPO
https://www.euipo.europa.eu/en/publications/genai-from-a-copyright-perspective-2025
May 12, 2025