A Neural Network Made the Banner: Who Owns the Rights to AI Creative

For business, the key is acquiring exclusive rights to the created material or license agreement terms permitting commercial use of the results. Before launching a campaign, it is worth checking whether the chosen service allows commercial use of generations and whether it transfers exclusive rights. Both the license terms and the tariff plan under which the material was created matter.

AI "Came Up With" a Slogan: Can It Be Protected From Copying

Risks differ for different types of advertising content. With slogans, an additional question arises — whether they can be given legal protection at all. In some cases, a slogan can be registered as a trademark, but only if it has distinctive character and does not coincide with existing marks.

If a neural network suggests the slogan "The Future Has Already Arrived" or "Technology That Works for You," protection is hardly to be expected: the phrasings are too generic. The situation is different with complex, original marks — those can be an attempt to register as trademarks. Before launching a campaign, it is worth checking not only the originality of the phrasing but also the existence of similar trademarks. If a slogan is a long-term brand element, the legal review is best conducted before the campaign goes to market.

Deepfake in Advertising: Where the Line Between Creative and Lawbreaking Lies

A separate category of disputes involves materials using deepfakes. Replacing an actor's face with the image of a famous person, creating a digital copy of a celebrity, or reproducing the characteristic features of a popular character can lead to claims from rights holders or the person themselves. Risk arises even if the ad does not use an original photograph but merely creates a similar image with a neural network.

For example, the Smeshariki franchise has images of virtually all its main characters registered as trademarks; Soyuzmultfilm takes a similar approach. This allows the characters to be protected under several legal mechanisms at once. Lawyers recommend avoiding even recognizable references, not just direct copying.

Similar risks apply to the use of digital likenesses of real people. In 2026, an illegal bookmaker distributed an AI-generated video featuring footballer Bruno Fernandes, creating the impression that the athlete was the face of the brand. No partnership existed, and the case became one of the most discussed examples of unlawful use of a person's digital likeness for commercial purposes.

Which Images Cannot Be Used Even After Generation

Even a fully fictional character created by a neural network is no guarantee of safe use. Generative models reproduce recognizable elements of existing works, and a company risks facing claims after the campaign has already launched. At risk are popular characters, logos, and brand images: trying to generate an "almost Batman," a "hero in the style of Marvel," or a character with the features of well-known franchises does not eliminate the risk of infringing intellectual property rights.

In practice, the prompts look harmless: "create a superhero in the style of Batman, but in different colors," "draw a wizard who looks like Harry Potter," "make a yellow cartoon character like a Minion." Formally, the neural network generates a new image, but if the audience easily recognizes a specific character, the rights holder may have grounds for claims.

In June 2025, Disney and Universal Pictures filed a lawsuit against Midjourney, claiming that the service allows the creation of images practically identical to famous characters — from Darth Vader and Shrek to the Minions and Marvel heroes. Even an image created from scratch that reproduces a recognizable character without permission infringes the rights of rights holders.

A similar approach applies to characters of folklore. The fairy-tale image of Baba Yaga can be freely interpreted — for example, a restaurant may use its own original illustration of the character in an autumn campaign. But if a neural network creates an image clearly replicating the appearance of the character from a specific cartoon or a famous artist's illustration, such use may infringe the rights holder's rights.

Legal Audit of AI Creatives: What to Check Before Launch

It is no longer enough for companies to assess only the creative concept or compliance with the brand book. Generative AI requires a separate legal review: it helps identify in advance intellectual property infringement, non-compliance with license terms, use of third-party images and copyrighted objects, and assess the content's compliance with legal requirements.