Daliah Saper Quoted by USA TODAY about Parents Using AI to remove Copyright Watermarks on School Photos

Daliah Saper was recently quoted by USA TODAY in an article examining the growing use of artificial intelligence by parents to alter or recreate school photographs, including attempts to remove copyright watermarks from professional photo proofs as families look for more affordable alternatives to traditional school portraits.

Daliah’s comments highlighted the potential copyright issues and legal liabilities that can arise when AI is used to remove watermarks from copyrighted images.

The Copyright Risks of Removing Watermarks

Daliah explained that photographers and portrait companies may have grounds to pursue copyright infringement claims when individuals remove watermarks from professional photographs.

Under the Copyright Act, copyright holders generally have three years to bring a claim. Statutory damages can range from $750 to $150,000 when infringement is found to be willful.

Removing a watermark may also create additional legal concerns because the process of doing so can demonstrate an intentional effort to alter or use a copyrighted work without authorization.

Privacy Considerations for Parents Using AI

The potential copyright consequences are not the only concern when parents use AI to modify or recreate their children’s school photos. USA TODAY also cited Daliah’s observations about what can happen to images after they are uploaded to an AI system.

Daliah explained that the privacy implications can depend on how an AI system is trained and whether it operates as a closed or open system. Uploading a child’s photograph to an AI platform could mean introducing that image into a system where it may potentially be used in ways the parent does not anticipate, including for future training or image generation.

For parents considering AI-generated alternatives to professional school portraits, this raises questions beyond copyright. Understanding how an AI platform handles uploaded images, what happens to that data, and how it may be used in the future can be an important consideration before submitting photographs of children.

As AI tools continue to become part of everyday life, questions surrounding copyright ownership, infringement, and the use of copyrighted material will continue to evolve.

For questions about copyright, artificial intelligence, intellectual property, social media law, or other technology-related legal issues, you can schedule a consultation with Saper Law here.