The Legal and Ethical Implications of AI in Photography: Why Authenticity Still Matters
AI is undeniably changing the photography industry, but it isn’t all that it’s cracked up to be. Yes, there are AI tools that allow you to generate images with a few clicks of the keyboard, and at a lower financial cost than real photography. On paper, it might seem like a cost-effective and time-saving alternatives, but looks can be deceiving. AI images come with issues and risks that could do serious harm to your reputation, your wallet, and potentially even your safety.
The Legal Concerns with AI Images
I recently published a blog about the legal issues with AI images and AI headshots that goes into further detail about the potential issues. But the basic issue is this: anyone can use your private AI-created images for any reason because copyright law doesn’t apply to works that aren’t created by humans.
This means your likeness and your image could be used without your consent in advertisements or for purposes that could put your safety or your family’s safety at risk or that could harm your professional reputation. Once it’s created, it’s fair game.
By comparison, any image taken by a photographer automatically is protected by a copyright that the photographer owns. Your photographer gives you written permission to use the photos, but no one else can use them for any reason.
The Trust Issue with AI Headshots
AI headshots have become particularly common online, but beyond the legal risks and issues, using an AI headshot can cause professional mistrust too. Usually, it’s very easy to notice when a headshot is AI-generated, and when your clients, contacts, and potential colleagues or leaders know that your headshot is AI, it brings up a lot of questions and concerns.
For example, if you haven’t met them in person, they might wonder whether you’re actually the person in the photo. Or, on social media, people might question whether you’re even a real person or whether your entire profile is AI-generated. It could also make people skeptical about whether you’re relying on AI for other aspects of your work and, given that AI isn’t fully reliable, people may worry about whether they can trust the work that you’re performing.
The Right Way to Use AI in Photography
With all of these cautions and concerns, I still think that AI does have a place in photography. It’s just a matter of using it in very selective and strategic ways.
Specifically, AI can be a great tool for light editing in very particular circumstances. For example, I can use it to remove something unappealing from the background of your photo and make the background blend well. It can be an excellent tool for those situations, but it shouldn’t be used to make major changes or to replace real photography, because the more that AI does to a photo, the more noticeable it will be.
Fortunately, I’ve found that I don’t need to use it much because my knowledge and experience allows me to be intentional about things like styling, lighting, posing, and backdrop selection so that your photos look (and are) very natural and reflective of the brand you’re aiming to build.
Authentic, Professional Photography Still Matters
As AI continues to grow among photography and countless other industries, we need to manage it wisely and understand when it helps and when it hurts. Professional, real photography is still the best way to get custom images that will build your business and your brand, and the best way to capture authentic memories for your family that will last for lifetimes.
Custom photography is so much more than pretty pictures and smiling faces, it’s a display of the humanity behind those faces, and that’s something that AI doesn’t replace.
