From artificial intelligence-generated texts and photographs to images inspired by famous artists: where does creative freedom end and where do the rights of others begin?
AI came into our lives. Rights have not disappeared
Artificial intelligence has made the production of texts, images, music and videos simpler than ever. In a few seconds we can turn an idea into a realistic photo, modify an image or ask an AI system to help us write an article.
But the fact that something can be done technically does not automatically mean that it can be done without limits.
In the European Union, the rules regarding the transparency of content generated or modified with AI have entered a new stage at August 2, 2026. However, the rules do not say that any text written with the help of AI must simply be labeled “AI”. Obligations depend on the type of content, how it is used, and the context.
Here are three questions that more and more people should ask themselves.
1. Do you have to say you used AI to write a text?
There is no simple rule that any text you used to use should automatically be marked as “written by AI”.
The situation is more nuanced.
European transparency rules refer, inter alia, to texts generated or modified with AI that are published to inform the public about issues of public interest and which have not undergone human verification or editorial control.
That makes an important difference to the press.
If a journalist uses AI as a tool for documentation, structuring ideas, reformulation or drafting, and the material is then checked and edited by a man, the situation is not the same as the automatic publication, without human control, of an AI-generated text.
In any case, Editorial responsibility remains with the person or organization that publishes the material. .
2. Can you use a person’s photo to create an image with AI?
Here we have to be much more careful.
The fact that you have a photo of a person on your phone or computer It doesn’t mean you automatically have the right to transform it with AI and publish the result. .
In Belgium, the right to image protects people who can be recognized. In principle, for the realization, reproduction, communication or publication of a person’s image, his consent is necessary, with situations and exceptions that must be analyzed according to the context.
Artificial intelligence complicates things because the original photography can be radically transformed.
You can, for example, take a person’s photo and turn it into a historical figure, an astronaut or an advertising image. Even if the final image no longer perfectly resembles the original photo, the person can still be identifiable.
The practical rule: If the image represents a real and recognizable person, especially in a commercial, advertising or sensitive context, it is prudent to have the necessary consent before using it.
3. Can you ask AI to create an image “in the style” of a well-known artist?
This is one of the most discussed issues in the AI world.
to tell a generator:
“Create a picture in the style of a particular artist”
It’s not the same as loading a copyrighted painting and asking the system to copy it.
The artistic style, as a general idea, should not be confused with the concrete work protected by copyright.
The problem arises when the result reproduces recognizable elements from an existing work: characters, compositions, images, original elements or other protected components.
At European level, copyright gives the holder the right to authorize or prohibit the reproduction and making available of his work, subject to the exceptions provided for in the law.
Therefore, between:
“Create a painting inspired by the expressionist atmosphere”
and
“Reproduce this painting exactly, but change the character”
There is an important legal and creative difference.
The closer the demand and the result are closer to a concrete and recognizable work, the greater the legal risk.
AI doesn’t mean “no rules”
Artificial intelligence provides extraordinary tools to creators, journalists, photographers, musicians and artists. But precisely because these tools are so powerful, they must be used responsibly.
Three principles are essential:
Use AI as a tool, not a substitute for human responsibility.
Respect the right to image when working with real people.
Do not confuse artistic inspiration with the reproduction of a protected work.
And in the case of content intended for the public, transparency is becoming more and more important. As of August 2, 2026, the European AI transparency rules apply in certain situations, including deepfakes and certain texts generated or modified with AI.
AI does not remove the rights. It just forces us to learn to apply them to a world where the difference between real and artificial is becoming increasingly difficult to notice.
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