Article

Imagem gerada com o auxílio de IA. 

The Creation and Commercialization of AI-Generated Images:  

Legal Impacts and Market Alternatives 

Article developed by Cícero Lopes, with AI support. 

09/01/2025, atualizado em 09/01/2025

The advancement of artificial intelligence (AI) in image creation has revolutionized the work of designers, illustrators, and other creative professionals. However, this technological transformation has raised significant issues regarding copyright laws and fair compensation for creators. The key debate revolves around the fact that platforms like MidJourney and DALL·E use internet-available images as references, often without prior consent from their authors.

How Do AI Models Work? 

These platforms operate through machine learning, analyzing vast databases to identify patterns, styles, and visual characteristics. Based on this data, they generate images using textual descriptions provided by users. The issue lies in the fact that many of the images used to "train" these algorithms are sourced online without proper licensing, potentially infringing copyright laws.

This scenario creates a legal deadlock. Creators whose works have been used without permission have begun suing AI companies. The lack of consent for using these images is one of the main grievances, especially when the resulting creations are commercialized. 

Market Responses 

Some companies are seeking solutions. Platforms are adopting strategies to avoid legal conflicts by using only licensed images. Here are a few examples:

These initiatives not only reduce legal risks but also ensure compensation for original creators, fostering a sustainable creation model.

A Personal Perspective 

In my view, AI should be seen as a tool that accelerates experimentation and the discovery of new possibilities, not as a threat to creativity. Artists can use AI to generate initial sketches, explore new compositions, or discover unexpected visual elements. From there, the human creative process takes over, refining, personalizing, and imprinting emotional and subjective marks on the final piece. In this scenario, AI doesn’t eliminate the artist’s role; it enhances it by offering new tools for innovation. 

The Future of the Sector 

The use of AI in image creation is still evolving, but new regulations and licensing models are expected to emerge. Transparency in using protected works and balancing technological innovation with artists' rights protection are crucial steps toward building a fair and sustainable market.

The dispute between technology and copyright laws is far from over, but the alternatives presented demonstrate that progress can be made without leaving creators behind.

Cícero Lopes

Journalist Illustrator and Graphic Designer