Recent media reports have highlighted concerns around parents using artificial intelligence (AI) tools to remove watermarks from school photograph proofs rather than purchasing the images from the photographer.

While the technology may make watermark removal easier than ever, the legal and privacy issues remain largely unchanged.

Who owns the copyright in a school photograph?

Many parents assume that because the photograph is of their child, they are free to use it as they wish. However, in most cases the copyright in a school photograph belongs to the photographer or photography company that created it; removing a watermark does not remove copyright protection.

Depending on the circumstances, using AI or other software to remove a watermark and then reproducing, printing, sharing or distributing the image without permission may infringe copyright – this is irrespective of whether this is done at home or uploaded to private social media.

Each situation will turn on its own facts, but it is important to remember that copyright ownership and parental rights are two very different things.

What are the risks of uploading children’s photographs to AI tools?

To remove a watermark using AI, a parent will usually need to upload the photograph to a third party platform. This raises a separate set of privacy and data protection considerations.

The position will vary depending on the provider, its terms of use, privacy settings and how the service processes user content. Parents may not always know:

  • where an image is stored;
  • how long it is retained;
  • where it is processed;
  • who can access it; or
  • whether uploaded content may be used to improve or train AI systems.

For that reason, it is important to review the provider’s privacy information and settings before uploading identifiable photographs of children.

What about image misuse and deepfakes?

AI technology has significantly increased the ability to manipulate images and create realistic synthetic content.

This does not mean that every image uploaded to an AI system will be misused. However, once an image is shared with a third party platform, the user generally has less control over how that image is stored, processed and handled.

Where children are involved, parents may wish to think carefully before uploading photographs, particularly where alternative options are available.

A reminder for parents

Removing a watermark may amount to copyright infringement, while uploading the photograph to an AI platform creates separate privacy and data protection risks. Parents and carers should therefore consider both the legal position and how the child’s image may be stored, processed, and used before proceeding.

AI has changed how easy it is to manipulate images, but it has not changed the application of copyright laws or to consider carefully how children’s photographs are shared online.

Amy Ralston is a Partner in the Intellectual Property, Data Protection and Technology team at Stephens Scown. She advises businesses on intellectual property, technology, AI governance and data protection matters.