Article

Legal uncertainty is no reason to stand still

AI-generated visuals are reality - yet many companies respond with paralysis rather than leadership. What is really missing is not legal clarity. It is governance.

Author
Tim Herzog
Tim HerzogCEO
Reading time
2 Minutes
Date
Extreme macro close-up of vivid orange linen fabric texture with blurred green meadow background

The core problem

The pressure is real: campaigns run faster, channels demand more content, and variations that used to take weeks now emerge in hours. AI visuals are no longer an experiment in this context - they are operational reality. And yet many marketing teams stand still. The reasoning sounds plausible: too many open questions around copyright, personality rights, and the EU AI Act.

The problem: this uncertainty is often misread as a prohibition. What is not conclusively regulated legally is treated as if it were forbidden. A short-circuit that systematically blocks innovation potential.

Complexity is not the same as inadmissibility

The fact that an AI-generated image does not meet the classical copyright definition says nothing about whether its use is permissible. What matters are the contractual terms of the respective provider and careful examination of potential third-party rights. Yes, the German legal framework is demanding - strong copyright, pronounced personality rights, high data protection standards. But demanding does not mean impossible. It means: consider carefully, do not avoid wholesale.

The real risk lies elsewhere

Those who work with companies recognize a recurring pattern: AI tools spread faster than internal structures emerge. Teams experiment while binding approval processes or documentation standards are missing. Around three quarters of German companies have no clear rules for the use of generative AI to this day.

Legal uncertainty is not an argument for standing still - it is an occasion for professionalization.

Governance as strategic maturity

Companies that work successfully with AI do not avoid risks entirely - they manage them systematically. They document use cases, integrate AI into existing workflows, and create clear responsibilities. The EU AI Act forces organizations to catch up on what was overdue anyway: clear processes, defined responsibilities, documented competency development.

Guidelines protect on two levels

Internal AI guidelines are always also brand guidelines. Anyone who defines standards protects the organization on two levels simultaneously: against legal risks and against the dilution of their own visual identity. Governance is not a brake - it is steering.

Between reflex and leadership

The professional path lies in between: using AI visuals responsibly, embedded in sustainable structures. That means establishing review mechanisms, documenting approvals, training teams, clearly assigning responsibility.

Companies that take this step now are not only securing their legal position. They are strengthening their brand integrity - and their competitive advantage.